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HomeMy WebLinkAboutCC 1996-09-26 MinutesJ ig INDEX MINUTES OF REGULAR MEETING September 28,1 O ITEM SUBJECT LEGISLATION PAGE NO. NO. PRESENTATIONS / PROCLAMATIONS. DEFER CONSIDERATION OF AG16 -- ( OAK SiMDOW PI AT) TO AFTERNOON SESSION'-- DISCUSSION. AGENDA ITEM 1 -- APPROVE LEASE AGREEMENT WITH PARROT JUNGLE AND GARDENS, INC. FOR DEVELOPMENT OF BOTANICAL GARDENS ON 146.6 ACRES OF WATSON ISLAND, WITH NOISE RESTRICTION CONDITIONS 'STIPULATED FOR A FORTY -FIVE-YEAR (45) PERIOb s WITH 023E FIFT'EEN-YEAR (15 )OPTION -- SET MINIMUM ANWJAL LtEA,5E PAYMENT OF $200, 000, FOR YEARS 0213 AND IWO; $300, 000 FOR YEAR THREE; $400, 000 FOR YEAR FOUR, OR NOT LESS THAN FIVE PERCENT (5%) OF GROSS REVENUES UP TO: $20,000,000, AND SIX PERCENT GROSS REVENUES IN EXCESS OF $201000,000, WHICHEVER IS GREATER. EXORESS CONHISaION SUPPORT FOR STATE REPRESENTATIVE ROPRIGUEZ CliOlt+ %T' S PROPOSED BILL ENTITLED. "'AN ACT RELATING TO WELFARE REF'C)fftos PROkISIT.ING CERTAIN DISCRIMINATION IN THE PROVISION OF MEDICAID ... PROVIDING CERTAIN ASSISTANCE TO LEGAL, RESIDENTS OF THE UNITED STATES . " DISCUSSION 9/26a/96 DISCUSSION 9/26/96 96-671 9/26/96 R 96-672 9/26/°96 1 3• . 9 1: {S l I 1 (lip. RESCHEDULE NOVEMBER 14, 1996 R 96-673 63-91 KEETING TO NOVEMBER 21, 1996, ORDINANCE (H) EMERGENCY ORDINANCE: SCHEDULE 11397 !MUNICIPAL REGULAR ELECTION' TO 9/26/96 "FILL GROUP V COMMISSION TEMPORARY V+P1,CA�iICY FOR NOVEMBSR 1 4 , 1996, JKLERS SAID VACANCY IS FILLED BY CHE ELECTION OF A CANDIDATE AT CHE NONPARTISAN PRIMARY ELECTION )F NOVEMBER S, 1996. (C 3 MAYOR CAROLLO NOTES PROBLEM 91TH ABSENTEE BALLOT *OCESS -.. MAYOR CAROLLO tEQUESTS DAVID LEAKY, SUPERVISOR AF ELECTIONS # METROPOLITAN DADE '.OtRNTY, TO MEET WITH HIM AND WITH ;TATE .ATTORNEY' S OFFICE tEPRESERT ATIVES TO REVIEW 'ROCESS TO STRENGTHEN %RA.'-TERS FOR ABSENTEE VOTING. LCCEPT IN PRINCIPLE MEMORANDUM OF M 96-674 92 9 :INTENT WITH FLORIDA SPORTS 9/26/96 XTERPRISES LIMITED PARTNERSHIP :NC- (FSE), TO BRING MAJOR LEAGUE ;OCCER TO ORANGE BOWL --- GRANT !ONDITIONAL APPROVAL FOR 90 %YS - REVIEW CONTRACT FOR FINAL XPROVAL AFTER OCTOBER 19, 1996 VNER `S MEETING. i l 7. (A) DISCUSS AND DEFER CONSIDERATION OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED 02VELOPMENT PROJECT (UDP) FOR DEVELOPMENT OF BOATYARD/OPTXONAL ANC I LL+ARY b&%R I NH •• RELhTED RETAIL FOOD SEFVICIE/RECREAl"IONA.L USES ON CITY-OltMED WATERFRONT PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY e VIRGINIA KEY PROPOSERS ARE TO MEET WITH DIRECTOR OF CONFERENCES AND CONVS114I°ION'S AND PUBLIC FACILITIES TO REVIEW STAFF"S PROPOSAL AND COMPARE DATA IN ORDER TO ARRIVE AT BEST RETURN FOR CITY. (a) DIRECT ADMINISTRATION: TO REPORT REGARDING AD VALOREM TAXATION CITY CAN DERIVE FROM PRIVATE DEVELOPERS. (C) DIRECT ADMINISTRATION: MAYOR CAROLLO REQUESTS TO PHYSICALLY SEA: 900 ACRES OF LAND CITY OWNS IN VIRGINIA KEY IN ORDER TO TRY TO DEVELOP FURTHER REVENUE SOURCES -- MAYOR CAROLLO FURTHER INSTRUCTS AIDMINISTRATION TO PROFdlME CITY' S RECREATIONAL ASSETS THROUGH CHANNEL 9 (NET), AND TO REMOVIE DILAPIDA`1'ED TRAILERS FROM WATERFRONT IN VIRGINIAi KEY. (A) CGZQ41SSION DEFERS REGULARLY SCHEDULED PLANNING AND ZONING PORTION OF THE AGENDA UNTIL AFTER, BUDGET HEARING, WHICH BEGAN AT 5: lS P.I. (B) DISCUSS/DEFER PROPOSAL TO (kESCIND R-94-453 (APPROVE OAK SHADOW PLAT) FOR NEXT MEETING AT 6 P, N. (C) COMMISSION DEFERS UNTIL AFTER 7:00 P.M. PLANNING AND ZONING ITEMS 1, 2, 3, 4, AND S -- CONTINUE OTHER PLANNING AND ZONING ITEMS TO SCHEDULED MEETING OF OCTOBER 24, 1996. DISCUSSION 9/26/96 DISCUSSION 9/26/96 9c. 25 126-127 9. 10. 11. alp n INSTRUCT ADMINISTRATION TO REJECT R 96-675 _27— ALL AIDS FOR PRESSURE CLEANING 9/26/96 SERVICES FOR NEIGHBORHOOD RESIDENTIAL EXTERIOR PAINT PROGRAM — — FURTHER INSTRUCT ADNINIIaTRATION TO REBID ITEM. DISCUSS/DEFER CONSIDERATION OF DISCUSSION 1.29-130 (ACCEPTING BID: DATA STORAGE 9/26/96 CENTERS -- COMMERCIAL RECORDS MANAGEMENT AND STORAGE FACILITY FOR VARIOUS CITY DEPARTMENTS) -- SEE LIBEL 26. DISCUSS/DEFER ITEMS: AG 6 DISCUSSION 13 _ —32 (EMERGENCY ORDINANCE., AMVND 9/26/96 SECTION V OF 11337, CAPITA, IMPROVEMENTS APPROPRIATIONS ORDINANCE — — INCREASE APPROPRIATIONS FOR CIP 418402, MERIRILL STEVENS GROUNDS & PARKING AMA TO $249,400 FROM $110,400). -- AG 7 (ACCEPT BID: P.N.M. CORPORATION -- FOR MERRILL 'STEVENS GROUNDS & PARKING AREA, M-1091) —_ AG18 (AUTHORIZE ACREENENT WITH OFF—STREET PARKING (DOSP] , -- FOR FIVE YEARS, FOR MARAGEMENT/OPERATION OF PARKING LOTS -- AT COCONUT ,GROVE CONVENTION CENTER AND AT NORTHEAST CORNER OF PAN AMF.RICAN DRIVE AND SOUTH BAYSHORE DRIVE) . 12. (A) DISCUSS/CONTINUE PE-1 DISCUSSION (REQUEST FOR SPECIAL EXCEPTIONY 9/26/96 FOR F I NAND:I AL DRIVE — THROUGH FACILITY AT 2200 SOUTH DIXIE HWY.) AND PE-2 (RESERVOIR SPACES -- TO ALLOW A DRIVE -- THROUGH FOR FINANCIAL INSTITUTION WITH A REDUCTION OF SAID SPACES -- AT 2200 SOUTH DIXIE HWY.) TO NEXT PINING AND ZONING MEETING AT 6:00 P.M. (B) DISCUSS P TABLE PE--4 REQUEST FOR STREET CLOSURE / VACATION / ABANDONMENT / DISCO.NTINUcATION -- AT APPROXIMATELY BISCAYNE BLVD. , NORTHEAST SECOND AVENUE., NORTHEAST TWENTY—SECOND AND 12"WENTY—THIRD STREETS _,— INCLUDE TEN 1101 FOOT ALLEYS CONTAINED WITHIN BLOCK TEN AND REMAINING PORTION OF BLOCK 14 OF EDGEWATER (2 -31) PRIDC -- SEE LABEL 19. 13. BRIEFLY DISCUSS/IDFFER TO AFTER M 96-676 7:00 P.M. CONSIDERATION OF ,PZ-3ps 9/26/96 P7-4 AND PE-8 SiUKKARIELED LATER IN MINUTES -- SEE LABELS 19, 20 AND 21 -R— CO'NTI'INM ALL PIMMING 'AND ZONING ITEMS (ezcept PE-3, PE-4 AND PE-8 TO THE OCTiTOBER 24', 1996 COMMISSION MEETING AT 2 P.M. 14. SECOND PUBLIC HEARING -- DISCUSSION DISCUSSION: PROPOSED MILLAGE RATE 9/26/96 AND TENTATIVE FY'97 BUDGET FOR C17f. . MANAGER STIERHEIM PRESENTS BUDGETARY FINDINGS -,— MISUSE OF BOND MONIES, LACK OF FINANCIAL ACCOUNTABILITY, LACK OF FINANCIAL CHECKS AND BALANCES, LACK OF QUARTERLY FINANCIAL REPORTS. 15. SECOND READING ORDINANCE: ORDINANCE DEFINE/DESIGNATE CITY TERRITORIAL 11398 LIMITS FOR FIXING MILLAGE/L'EVYING 9/26/96 TAXES FOR FISCAL YEAR OCTOBER 1, 1996 TO SEPTEMBER 30, 1997. Ili . SECOND READING ORDINANCE: MAKE ORDINANCE APPROPRIATIONS -- FISCAL YEAR 11399 '97. 9/26/96 anj14y9�s' F _ 13 i 114 134-136 136 - 155 156-157 1.57-159 17. SECOND READING ORDINANCE: ORDINANCE nEFINJE/DESIGN'ATE TERRITORIAL 11400 LIMITS OF DOWNT'WON DEVELOPMENT 9/26/96 DISTRICT -- FIB{ MILLAGE/LEVY TAXES FOR FY'97 --AT FIVE TENTHS j (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL MEAL/PERSONAL PROPERTY. 1S. SECOND READING ORDINANCE: MAKE ORDINANCE APPROPRIATION'S FOR DOWNTOWN 1.1401 DEVELOPMENT AUTHORITY .FOR 1"Y' 97. 9/26/96 1,9. VACATION AND CLOSURE or APPROXIMATELY N.E. 2 COURT, BISCAYNE BOULEVARD, N.E. 2 AVENtDE r ' N.E. 22 AND 23 STREETS (Applicant: Simkins Industries) . 20• REVERSE ZONING BOARD DECISION OF JULY R, 1996 -- APPROVE SPECIAL EXCEPTION To PERMIT BUILDING MA^IER'XALS/SALES/STORAGE AS SPECIFIED UNDER DART. 40, SEC. 401 SCHEDULE OF DISTRICT REGULATIONS, CONDITIONAL PRINCIPAL USES C-2 LIBERAL COMMERCIAL --- AT 3460 SOUTH DIXIE HWY. -- APPLIC:AMr: DARE LUMBER INC. -- SEE LABEL 13. 21. ENDORSE DESIGNATION OF CITY AS SUSTAINABLE COM;UNITY TO QUALIFY FOR PROGRAMS ENCOURAGING SUSTAINABLE DEVELOPMENT AND POSSIBLE FtMMING SOURCES TO AID IN IMPLEMENTING SUCH PROGRA 4S APPLICANT: ' CoMeM 't!Y PLANN'IN'G AND REVITALIZATION (CPR) -- SEE LABEL 13. 22 • RATIFY / APPROVE / CONFIRM WAIVING COMPETITIVE BIDDING -- APPROVE EXTENSION OF CONTRACT WITH DELTA BUSINESS SYSTEMS -- ALLOCA`T'E FUNDS ($ 2 7 O, 6 2 S. 6 S FROM INDIVIDUAL BUDGETS. 23• .PERSONAL APPEARANCE: GENE SUAREZ, CHAIRPERSON OF THE CITY'S HOUSING FOR PERSONS WITH AIDS (HOPWA) ADVISE"Ri' HOARD -- APPROVE $3 MILLION FOR RENTAL ASSISTANCE FROM 1996 HOPWA. CONSOLIDATED PLAN. !fir R 96-677 9/26/96 R 96-678 9/26.196 R. 96-679 9/26/96 R 96-680 9/26/96 R 96-681 9/26/96 9 b. 5 i 162-16.3 193-194 195 _96 196-200 w 24. ACCEPT DONATION -- $1,100 FROM R 96-682 d2z+, THE MIAMiI HEAT AND EASTERN 9/26/96 FINANCIAL FEDERAL CREDIT UNION -- AU'IIHORIxE 14ANAGER TO USE FUNDS FOR IMPLEMENTATION OF COMMUNITY - BASED RECREATIONAL PROGRAM (MOMMY AND ME) . 25. MEMORANDUM OF AGREEMENT (APRIL It R 96-603 201-202 1996) WITH ECONOMIC OPPORTUNITY 9/26/96 FAMILY HEALTH CENTER, INC., (CENTER) -- ALLOCATE: ADDITIONAL FUNDS TO PROVIDE LONG TERM CLIENT BASED ROUSING ASSISTANCE TO ELIGIBLE PERSONS WITH HIV/AIDS OR RELATED DISEASES --- ALLOCATE FUNDS (NOT TO EXCEED $1,200,000 FROM FY'97 HOPWA PROGRAM FUNDING). 26. ACCEPT BID: DATA STORAGE R 96-664 202-203 CENTERS -- COMMERCIAL RECORDS 9/26/96 MANAGEMENT AND STORAGE FACILITY ( FOR VARIOUS CITY DEPARTMENTS --- ALLOCA'TES FUNDS ($5,045, CIP NO. 250102-340 [3110421). 27. 14ARCOS fi ENS CABRERA, ANTONIO DISCUSSION 204 ROMERO, SOSE MARIO ZAPATA, NOEL 9/26/96 DeLEON, WILDER DsLEON AND ROY CASTOR ($190,000) -- CASE 95-- 19014 CA (02). DIRECT CITY ATTORNEY: MAYOR CAIROLLO DIRECTS CITY ATTORNEY TO MEET WITH COMMISSIONERS INDIVIDUALLY TO DISCUSS THE SETTLEMENT. 20. ACCEPT BID: CENTRAL CONCRETE R 96-685 205•-206 SUPERMIX, INC., FOR FURNISHING 9/26/96 READY MIX CONCRETE TO PUBLIC WORKS --- ALLOCATE FUNDS FYI9 6 / 9 7 BUDGET ($88 `000, ACCOUN�"S 33.0501- 750 [$76,000] AND 319301-750- 341171 [$12,000]). 29. EXTEND SERVICE MAINTENANCE R 96-686 206-207 CONTRACT FOR SOUTH FLORIDA 9/26/96 MAINTENANCE SERVICE -- FOR CONFERENCE/CONVENTIONS/PUBLIC PACILIT IES -- ALLOCATE FUYNDS ($25,000). 30. DISCUSS REQUEST TO WAIVE RENTAL D18CUSSION ?2 �. PEE AT BICENTENNIAL PARR -- FOR 9/26/96 20TH CENTURY FOX TO FILM PORTIONS OF MOVIE "SPEED II" -- REQUEST DENIED. 31, APPROVE PURCHASE FOR ONE FRONT R 9 6- 6 8 7 2 0 8 -- *) o) WHEEL LOADER FROM GS EQUIPMENT 9/26/96 ($180,504) FOR REMOVAL/LOADING TRASH AT VIRGINIA KEY - FROM. RECYCLING EDUCATION GRANT FUNDS -- FOR GSA 32. APPOINT ISMAEL "MIKE" DE CARDENAS R 96-688 2, .1- 4211 TO HEALTH FACILITIES AUTHORITY 9/26/96 BOARD. 33. APPOINT FRED JOSEPH TO m 96-689 ;411-212 BAYFRONT PARK MANAGEMENT TRUST. 9/26/96 34. APPOINT RAYMUNDO ESCARRA TO R 96-690 212-213 INTERNATIONAL TRADE BOARD. 9/26/96 35. APPOINT RAMON FLORES TO CITYWIDE R 96-691 13--214 COMMMIT'Y DEVELOPMENT ADVISORY 9/26/96 BOARD. 36. APPOINT RAYMOND McELROY TO CODE R 96-692 214-215 E14FORCEMENT BOARD. 9/26/96 37. APPOINT LISSETTE RODRIGUEZ TO R 96-693 215-216 AFFORDABLE HOUSING ADVISORY 9/26/96 COMMITTEE. 38. APPOINT IDINO GALARDI TO BAYFRONT R 96-694 2i'i PARR MANAGEMENT 'TRUST. 9/26/96 39. APPOINT DANNY COUCH TO MIAFYI R 96-695 217-218 .SPORTS AND EXHIBITION AUTHORITY. 9/26/96 40. DISCUSS/REFER TO MANAGER M 96-696 218-219 CONSIDERATION/APPROVAL OF $50,000 9/:6/96 REQUEST FOR AFFORDABLE HOUSING DEVELOPMENT IN OVERTOWN By MT. EION DEVELOPM1ENT, INC. 41. SPECIAL MEETING OF OCTOBER 1, DISCUSSION 220 1996 TO BEGIN AT 10:00 A.M. 9/26/96 42. MAYOR CAROLLO INDICATES TO DISCUSSION 221-222 ADMINISTRATION TO EMPHASIZE TO 9/26/96 ORGANIZATIONS THAT FUNDING REQUESTS MUST GO TO THE ADMINISTRATION PRIOR TO APPEARING BEFORE THE COMMiISSION. MINUTES OF REGULAR MEETING OF THE CITE' COMMISSION OF MIAMI, FLORIDA On the 26th day of September, 1996, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive., Miami, Florida in regular sessia�ct. The meeting was called to order at 9:12 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: Mayor Joe Carollo Vice Mayor Wifredo Gort C'ommissio.ner Richard P. Bunn, II Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. ALSO PRESENT: ABSENT: Christina Cuervo, Assistant City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Merrett Stierheim, City Manager An invocation was delivered by tComcnissioner, Dunn, after which Mayor Carollo red those Oresent in a pledge of allegiance to the flag. _____-••.................... _______•------___._ , 1. PRESENTATIONS /PROCLAMATIONS A. COMMENDATION: POLICE OFFICE. RONALIJ PAPIER -- MOST OUTSTANDING OFFICER FOR THE MC3N'ii'I I OF AUGUST, 1996, 1 Septembrr 26, 1996 WW ....................I................................/.........w...................a............................... r. 2. DEFER CONSIDERATION OF AG16 -- (OAK SHADOW PLAT) TO AFTERNOON SESSION -- DISCUSSION. ........................................I................--.--..........--.---..........------...................... Mayor Carollo: OIL. We are on item number 1 right now. Mr. Tucker Gibbs: Mr. Mayor. Mayor Carollm Mr. Gibbs. Mr. Gibbs: Can I be recognized for a second? Could i ask for a deferral of an item until fosir o'clock this afternoon? It's items number 1.6 on the agenda. Mayor Qrollo: I have that down. Do you want to defer it until four -thirty this aftermoun. or four? Mr. Gibbs: Yeah, till four o'clock. That will be fine. Mayor Carollo: Four o'clock. Is there any objections here? O.� it will be deferred until four p.m. Mr. Gibbs: Thank you. .Mayor Carollo: Mr. Clerk, please mare sure that you duly notice, if atnyone comes in, that item 16 will be deferred until four p.m. Mr. Walter J. Foeman (City Clerk): OF, Mayor Carollo: And ple&-,e remind me to take it up at four p.m. Mr. Foeman: OK. NOTE FOR THE RECORD: At this paint, agenda item 16 was deferred until four p.m. 2 September 266, 1996 ............................................................................................................... 3. AGENDA ITEM 1 -- APPROVE LEASE AGREEMENT WITH PARROT JUNGLE AND GARDENS, INC. FOR DEVELOPMENT OF BOTANICAL GARDENS ON 18.6 ACRES OF WATSON ISLAND, WITH NOISE REST'RIC;CION CONDITIONS STIPULXTED, FOR A FORTY -FIVE -PEAR (45)PERIOD, WITH ONE FIFTEEN -YEAR (15)OPTION -- SET MINIMUM ANNUAL LEASE PAYMENT OF $200,000 FOR YEARS ONE AND TWO; $300,000 FOR YEAR THREE; $400,000 FOR YEAR FOUR, OR NOT LESS THAN FIVE PERCENT (5%) OF GROSS REVENUES UP TO $20,000,00+0, AND SIX PERCENT (6%) OF GROSS REVENUES IN EXCESS OIL $20,000,000, WHICHEVER IS GREATER. Mayor Carollo: We are back to item number 1. Who from staff would like to begin this item? Mr. Luft, would that be you, sir? Mr. Jack Luft (Director CPR Department): All right. We are recommending approval of the attached resolution authorizing the execution of a 45-year lease agreement with Parrot Jungle and Gardens, Inc., a 15-year extension, for the development of a 17-acre botanical garden attraction on Watson Island. Mayor Carollo: Mr. Luft, the 15-year extension, is that at their option or the City's opti ? Mr. Luft: It would be at their option after year 40. Prior... Manor Carollo,. After? Mr. Luft: After year 40. It would be.... Pardon? Mr. Carlos Smith: It would be for financing purposes. Ms. Christina Cuervo (Assistant City Manager: For financing purposes. Mr. Luft: For financing purposes, before year 40. They could present a financing plan. for heeded improvements. The reason for the extension would be to give theta additional time to amortin their 17mancing. So before that, they could come back to us and present that plan. Mayor Carollo: OK 'That's what I want to get in the record, so people could understand what is is. Mr, Luft: Yes, Mayor Carollo: It's then a 60-year lease that we are actually giving. Mr. Loft: Right. Mayor Carollo: No.t a 45-year lease, because it's a 15-year... It's not up to us if we want to extend it or not. It would be up to theta tE) decide that. Mr. Luft: Right. Mayor Carollo: alb. 0.) ahead, sir. 3 Sieptember 26, 1996 Mr. Luft: OK. The agreement provides for a rental of two hundred thousand dollars ($200,1XXI) a year for years one and two; three hundred thousand dollars ($300,000) for years thret, and foe - and thereafter, a minimum base rent of four hundred thousand ($400,000). In addition, . the grass revenues exceed an amount by which five poercent of those revenues is greater than any .f those minimums, then they pay the greater amount. 3o we are projecting that by year foul, they will, in fact, exceed the minimurn base rent thereafter. But in no case will the public get less 4 than those minimum base rent figures. The lease will commence upon execution, but the date of possession is within 180 days. And in that time, there is discovery for environmental issues, time to prepare plans and permits, and for the City to secure its sewer improvements, so that we know Ave have. a deliverable site. The lessee .may sell the property or assign the lease. If there is a profit involved, the City receives three percent of all gross proceeds as its share of the profits of any such sale or transfer. The Phase L. 'The property is to be developed in two phases. Phase I must be completed within 24 months of the date of possession, and Phase II trust be completed within teen years. Phase I shall be not less than twelve point five million dollars ($12.5 million) in total cost, Phase 11, to be completed within ten years, shale not be less than thirteen pa int eight ($13.8 million), for a total project cast of twenty-six }point three Million dollars ($?.t5.3 trillion) will have. to be spent within ten years. 1 he property tray be only used for botanical garden attraction, and 70 percent of the site must, for the duration of the lease, remain; as a botanical garden, open and green. Parking shall be provided within the. property in the form of a garage. If there is any additional parking needed, only to the extent that the Lvning Coo(, may require it, they have the right to build additional parking on the south side up to the limi�s -)f that zoning. However, the City will control that parking. They are basically paying us to NO, it, and then it is our parking to operate. It be/zornes public parking. The balance of the north sine of the island beyond the 17-acre site will continue to be used for the Miami Yacht Club and the Miami Outboard Club with approximately eight acres of green open space around the public boat ramp and park space remaining to be operated as public park. The Japanese Gardens will be the responsibility of the lessee. This lease does provide that they have the option of moving the gardens to the immediate- easterly perimeter of the gardens on the outside so that we can assure full public access, free access to the gardens. However, if they chose to move it, the cost of that ? move would he entirely at their expense, and for the duration of the lease, they must maintain and operate the gardens as a public garden. All costs associated with that will be the. lessee's. The lessee shall be responsible for reconstruction of all circulation roads on the north side of the island. That is, access roads to the boat ramp, to the Yacht Club and to the Outboard Club Those will be rebuilt at the lessee's expense on the areas in the retraining public park lands. TF- lessee would be responsible for building the access road from the interchange or the acres egress point of the causeway to the north side this �� a new circulation road on the island - if tf3 Katy is unable to secure the funds from its application through the MPO (Metroprolitan Pharming Orgmization) and Florida DOT (Department Of Ttanspottation). Right now, we have been approved, and, are awaiting MPO approval for a two million dollar ($2,000,0W) grant to boil that access goad. If, for some reason, we were not to obtain that grant, then those costs, up w that amount, would be the responsibility of the lessee. 'There will be a - d4uring the 1.80-d4y :'od from the execution of the lease to the date of possession - a Phase I environmental auda, and a Phase 11, to determine if there are any environmental conditions. The City and lessee, t teased on those findings, will discuss a mutually and fair equitable distribution of any remedies, remediation that may be necessary. 'That's basically the framework, the highlights of the lease. We are prepared to answer any questions you may have and go into the details. Commissioner Plummer: In reference to the parking, the revenue derived from that, does that go straight to the City, or does it go to them and then we participate in the gross? Mr. Luft: The parking on the site, in the garage that they would be building at their full cost would be part of the revenues that we calculate to determine our rent. They would obtain the revenues,, but then we would get a percentage of six, percent of all chose revenues. 4 September 26, 1%0* flu Oontmissioner Plummer: Of the gross. It becomes part of the gross. Mr. LuiPt: Correct. On the south side of the island, if there is any additional parking there, ' 00 percent of those revenues are the City's. Commissioner Plummer: You've made mention of Phase 11. Phase 11 is to be completed within 10 years or started within... Mr. Daft: To be completed. Commissioner Plummer: To be completed. Mr. I.,uft: Right. Phase I consists of all of the components that we. believe must ase built to constitute a public botanical garden attraction. Those are the gardens, the interpretive centers, the parrot bowls, the lake, the visitor center, the food service facilities. Basically, what you see at Parrot Jungle today must be built in Phase I. Really, what Phase II is, would be any additional upgrades to that type of attraction with additional interpretive centers. A. terrarium, a banquet facility, things that are not normally part of what they have today would be the Phase It type of additional components. Coat mim-ioner Plummer: I don't know if anybody else has question.. You know... Commissioner Regalado: I have a question. Commissioner Plummer: Sure. Vice Mayor (,art: My question is, we. have a lot of the neighbors'here. Cornmissi`uer Plummer: Yeah, ftt's what I wars going to .gay. Air, Tuft: Yes, sir. Vice Mayor Cmrt: I think their main concern is the noise level. And we would like to know, and they would like to know, what's in the contract to try to control that? Mr. Luft: All right, OK. Mitigation... Section 7.2, page 40, Article 7, Mitigation of Impact on Adjacent R.esidtential Areas. We were punted with quite an extensive list of concerns, two ges of issues, and one by one, we have addressed them and attempted to include them in the ease to provide substantive direction for the lessee to resolve these. We will first require .b lessee to hire a special lighting and acoustical consultant specifically to advise.thw. an mitigation of lighting and sound impact. So from day one, on the design effort, there an expert on board to advise the City and the consultant on how to address these very tePchrica- issues. I--yond that, we stipulate that the design of all lighting shall be dome to avoid any off -site impacts - those are bright lights shining on any adjacent residential areas - that would be distracting. And if there is any inadvertent result that may come out of the finished product, we have a right to go back and change those things to correct these impacts. We have limited the height to preserve views from adjacent residential areas. Fifty-five feet above flood criteria is the highest component of it. Vie would make exceptions for large trees. "There are two icons or towers, architectural ornamental elements that could rise above that, but those would be very narrow and wouldn't present any imposition to the view. We require that at ali timm as I have said earlier 70 percent or two-thirds, 66 and two -girds perrzent of the property remain for the duration of the lease as landscaped open gardens, water trails, exhibits, posing areas, parks and walkways. ?'his is to assure that front the neighbors' standpoint, what they will be looking .at 5 September 26, 1k )6 M IV will have a look and .feel of a public gardens, a botanical gardens, and it will not change: into some over -built kind of development. All mechanical equipment on roof tops or %iiit": structures will be screened so that no views will be disrupted by industrial equipment. Tr F"tcat coats�ein of the residents was corimrning sound impacts. To that end, we begin with d specific design effort, and we call out to the lessee that they must address orientation of any facilities with amplified equipment, so that that orientation shall aim or direct those sounds away from the residential amas. We further state that between the hours of seven in the morning and ten in the evening that 65 d8s or decibels is the standard that we will hold them to for noise levels emanating from within the project as a part of any amplified system. This is the sound level we. use Citywide in what we call noise -sensitive zones - hospitals, public park areas. I think it has to be said, to be clear, that the Cit,y's noise ordinance, which we're .referring to here, does not apply to public park lands. We do not impose the noise ordinance., never have, an our use of parks. So Watson Island has never been subject to any noise ordinance; controls, inumuch as it is publicly owned. What we are attempting to do is to bring into the public trm of that land and this project the same standards we *would apply in noise -sensitive areas elsewhere in the City as a measurement that we would use to gauge the performance of the project. After tent p.m, we would reduce that again, in accordance, with those noise -sensitive zonts, to 60 decibels, and that would be from ten p.m. to seven a.m. Commissioner Plummer. Can I ask a question, Jack? Mr. Lufs: '`.des, Sir. Commissioner Plummier Did I hear correctly somewhere that road t.raf:ic on the causeway in your level is 65, under normal chcmnsmuces; is that a correct statement: Mr. Lufi: Bury -three. Commission, r Plummer: Sixty-three. t Mr. Luft: This is the difficulty with this particulate issue, and we must the cautious. A'lriiie we've done e. verything, we can to help spell ou: what the concerm. of the neighbors were and how to address it here, it has to be =ognizrd that today, without the proj,=t on th.- island, we havt, t 63-decibel level from the causeway, which is right within two decibels of the limit of tht -iois, limit we would put on P.m gaiAens. We also have had._ Commissioner Ph mmerr That's just fionn traffic, or is that other... Mr. !Aft: That's ,just fiam the traffic on the cause... Cbmmis�ioner Plummer: other... Mr. Luft: No. Just the tm. ffic on the causew4y. In addition to that, you have helicopters and seaplanes, you have the power boats at the Outboard. Club, you have cruise boats, and party boats, and tour boats, who are going in the waters around the island, and you have the amplified sounds ft 5 m the cruise strips adding to that. So o to mustbe cautious that in creating a standard for Parrot Jtmgle, you do not expose them to a measurement which would be memur-ing other sounds that could be used to limit theta. Obviously, Parrot Jungle cannot control these other external environmental impacts. So what we; are trying to do is addms th%,lr impacts fYom.. amplified sound to make sure that they behave themselves. I can nevci guaran,ft for anyone living in the vicinity of that island that the ambient sounds or the other sounds that come from the larger community around it, the activities of the centor City would nest exceed thost. levels. limt.'s beyond our control, its beyond the tenants' control. What we are trying to do is design into this pipject, and we will, b=ause we will have planned mview and approval over all or 6 September 26, 1996 these plans before they are finally built, to assure that acoustical measures, buffering and souna7 control is built into the project at the beginning, so that this doesn't become a correcti-e experience, but a deliberately designed protection from the be inning, Additional landsc -)ir►g and earth berms are added on the north and east shorelines of the property to help buffo. the project that will be in the landscape plan, and we have suggested limiting the frequency of a special events. This Is where the gardens would be closed to the public, and a large b'rour a convention, a Super Bowl party or somebody would come in to use the gardens. It is clear thAt the City has always intended that the gardens accommodate public types of activities and host events, much as Vizcaya does. We would limit those to four a month and for those events, because of the nature of them, that we would not apply those noise standards for performance to them because that would be a special condition. Commissioner Plummer: In this particular case, how close are you relating the restrictions or the provisions, on the Parrot Jungle on Watson Island, as in comparison to Vizcaya? Mr. Luft: V.iwaya... Commissioner Plummer: Bemuse they have a lot of activity there. Mr. Luft: Vizcaya is actually closer. The gardens where the events are held is closer to Bray Point than the gardens on Watson Island would... Commissioner Plummer: Bay Heights. Mr. :i..i & Bay Heights... would he closer than the gardens on Watson would be to any of e,.e adjacent islands. Commissioner Plummer: No, my question I guess is... Mr. Luft: It is about 500 feet. Comrniscioner Plummer:... to the noise level. Mr. Luft: To the noise? There is no noise Level requirements on Vizcaya. The County does not =ese noise standards on any of its properties. So Vizcaya conducts everts, and they do not kinds of restrictions. We are also limiting:.. Commissioner Regalado: I want to... excuse me, excuse me. I want to ask you... Excuse me. Mr. Luft: Yes, Sir. Commissioner Regalado: Before we go on with the noise, there are about 500 people that ever v weekend use the facilities, the ramp... Mr. Luft: Yes. Commissioner Regalado: ... to launch boats and other sea vehicles. Would this construction in any way interfere with their activities? Would they have a plasma to park even before... Mr. Luft: Yes. Commissioner Regalado:... the parking will be built? Mr. Luft. Yes. We will assure that the boat ramp has independent co troll parking for the boat ramp users. That will be, a permanent park of the boat ramp and the public use of that operr 7 September 26, 1996 space. I would say that during the time of reconstruction of some of the access roads, bec:ausc we. will need to prove some of those surface paths around, there may be a momentary disrurtion of a. few weeks or months while we are: reconstructing roads, but that would be normal in as kind of reconstruction project. But once these roads are in place, there will be public parking �. the ramp, and that we'll maintain that boating activity. Those... that will be under City control. Mayor Carollo: Are there any other questions on the noises from the Commission? Commissioner Regalado: I ,just want to say something. That I spend every day, several hours in a radio station :audio, and I know that there is the technology to deal with the noise level. I can tell you that working in a studio every day, that there are ways that we can control the noise. And 1. am sure that the City will make sure that the neighbors will not be affected or bothered by this noise. 'There is the technology and everybody knows, but I know because I work with it every day. So I just want to say that if we want to do it, we can do it. Mr. Luft: The intent of this section is to spell out specific objectives and standards that the City, thh; Czmmission and the Administration can use to substantively direct this project and this proposer to achieve those things. We believe they can be achieved, as well. T. point here is to be clear what our intent is, and what our standards will be, as we direct this tenant to achieve th;., end, P.nd we believe that this section does spell out all of those concerns. It addresses everything that %,as brought to us. Commissioner Plummer: Well, obviously there are some neighbors here who have maybe soma different opinion. And I really don't know what else you can build into this thing when you are actually, from what you are telling me, you are building in a restriction more stringent than what exists today from traffic, with nothing there in. the way of an attraction. Now I've... Tell me where I am wrong, or maybe the neighbors are going to tell me where I am wrong. But it just doesn't seem to me that if... Let me ask another question. If it is proven that, in fact, the noise level is more than... What is it, 63? Mr. Luft: Sixty... 65 during the day, 60 at night. Commissioner Plummer: OK. Is that a breach of contract, or is that a determination that they must do thus, thus and thus to bring it in within that... Mr. Luft: It's a determination. It's a determination that they must take, as best effort, constructive measures to correct that. You know, because it is very hard to separate out all of the sounds that do occur, anyone could interpret a soured from the island as coming from thein, and then claim a breach of contract. And we've got to be very careful that we don't expose ourselves and this level of investment to that kind of subjective interpretation. It's very difficult to do. What we are trying to say here is, is that we have a standard that we can measure, and that we can take corrective actions to overcome that. Because this isn't a perfect science of acoustics and how to do this. I will say that the existing Parrot Jungle and Gardens, being as old as it is, was never designed with any kind.- of specific acoustical corrective treasures. It was not oriented in any specific way. It was simply built. We've measured that project without any of those considerations being built into it. And today, during show times, during amplified events, from the immediate edge, of that property, right at their property line, the decibel levels never exceed 55, and those are during amplified show times. So we are talking about an existing performance, of a project today that is substantially below the standards that are set in our City for noise,• -sensitive zones. And that's day -in and day -out for that attraction. The residents' concerns are, what happens if there are special events, large concerts, things that go I yond what they have normally done? And that's why we go to the length of buffering, and designing, and orienting, and creating additional decibel level standards to help protect against those things, that we would not normally do on public land. 8 fSepwrnber 26, 1996 Cotnmiwionrr Plum men Jack, the things that you have built in, are you comfortabif with the fact that it is what is necessary to accomplish that end? Mr, Luft, Yes, sir. Mayor Carollo: Commissioner Dunn, do you have any questions at this paint in time? Co mmkmloner Dunn: Well, basically, you know, I would like to see some type of a resolution between the neighbors and your company to resolve this matter, because I believe it's a great project for the City of Miami, as well as for all of us, and it's a win/win situation, if it's some way that they can be convinced. Because I am very sensitive to communities and to neighborhood;, in many instances, I can relate to some things that have. been dumped on cotntnuRtx'ties. And I have been an advocate for communities, and I will continue to be. So I would tally like to have some type of comt-fort in knowing that this could be resolved amicably. Mr. Luft: Well, we've met with the neighbors now, on and off, for severai months, and we've narrowed a long list of requirements end requests down to two or three. What it comer: down to is their desire to have an absolute fail-safe guarantee that there will never be a sound turn thic project that will disturb theta. And that's a. very tough standard to meet, and it's a very dangerous standard to meet when you are surrounded by sounds that routinely exceed those levels, and then you have to hold this tenant accountable for controlling all of this. We want to addms their concerns, and we think we've done that in a good faith effort. We've taken a lot of con=tive treasures. But the nature of that center City location is that it's very hard to guarantee anyone that they are not going to have sounds that would be interpreted by at least one individual - and we are talking about thousands here now - at least one person could claim that they are being disrupted. And I don't know how you ever ultimately resolve, for the duration of a project like this, over a tong period of time, the absolute guarantee that no one is going to ever have a problem. What we try to do is come up with a design and a set of standards that we can use over the course of this to a reasonableness, and that's what we've done. I wish I could say there are absolute guarantees, but I don't think. there are. Mayor Carollo: Are there any other questions from the Commission in this particular issue, on the noise level? OK. Well then we'll take that up again after we hear from the public a lisle later on, lack, let me get to one of the most important issm,ces in this lease. And for the i ;-,ord, .a me say again that I very much favor this project. I think it will be a good project for flit Ci i ,f Miami, where it's at, but at the same time, we have to be responsible, and make sure that this is going to be a Pair deal; a fair deal for the developer, a fair deal for,the City of Miami. This is for 60 years. Very few of us, if any of us, will be� around at the end of this lease. And basically, what we are doing is that we're giving out this property for a generation and a half, 40 years, plus 20. Now, one of the questions that I have for you, Jack, is the following: Who, from the City of Miami Administration... F am not talking about the Law Department. The Law Department basically tries to put a contract together, based upon what they are told that is wanted, and 'then they make sure that the legalities of that are sound and correct. What I ate talking about is, who, from the City of tWministration, negotiated for the City of Miami the terms of this contract? Mr. Luft: The negotiations began with staff, including myself-, Arlene Weintraub, Assistant Director of our department; Eduardo Rodriguez; from Asset Management and his staff. I say "began," because the City Manager made it clear to us that what he wanted us to develop was a framework with which he would there review and negotiate significant terms. So... Mayor Carollo: OK. So you're telling me for the record that it was the City Manager. Mr. Luft: Yes. The City Mm ager declared that he would negotiate this contract. 9 September 26, 1996 �Rl � 5 ,,_::. Mayor Carollo: OK. He stated that he would be the one negotiating this contract. Mr. Luft., For the Administration, yes, air. Mayor Carollo: CIS. So you were basically following his iw. tructions. Mr. Luft: That's correct. Mayor Carollo: Very goad. At any time, were you present when the City Manager lwgotiated any of the financial aspects of this contract... Mr. Luft: Yes, sir. Mayor Carolio:... with anyone, with Parrot Jungle, or attorneys, what have you? Mr. Luft: ices, sir. Mayor Carollo: OK The problem that I have, Jack, is that at no time did anyone from the Administration come to me to ask my opinion, or at least inform me of what was being negotiated in this contract. At no time did anyone from the City Manager's office that Avas involved in this, or from the City of Miami Administration come to me and say if these terms were acceptable or not. What was done was that something was thrown together. 'Then I was told that, the day after the election for Mayor, when everyone knew that it was a 30-plus day election, that we were putting in many hours, and did not have time to read any kind of contract, let alone a contract this :size and. in-depth, I was told that this was going to be on July 25th, the day after the election.. 'Phis is why I asked the City Manager to pull that off the agenda. Then, of catuse, you all know the trying times that we've been going through in the City of Miami. I want to make sure that the City of Miami is going to get a fair deal. At the same time, I want to make sure that the interests of the neighbors around Watson Island are going to get the best possible 'situation that they can, while at the same time, this project can be a viable financial project. But having said that, I. am going to state it again for the record, whether I stand alone or whether I have a majority of my colleagues to stand with me. The City of Miami is going through the worst financial crisis in it's 100 years of existence. I am not in favor of giving contract that, in the first two years of the contract, while, yes, they are under construction, tie . are not going to pay us one cent to the City's coffers, at the time when we need it the mc. �. Instead, they want to pay that money in the seventh, eighth and ninth year, in the years that, I am sure, the City of Miami will be well on its way in having sound, stable fimances. We treed the meney now. Now, some of the arguments that I have been given is that this is not standard business practice. But on the contrary, I think it's just the opposite. This is not standard business practice. Because if any of us would go out and lease a piece of land in the private sector, or go out and buy a piece of property, from the minute we buy that piem of property or lease it, we have to pay money. And. maybe it wouldn't be two or three years before something is constructed there, but from dray one, you're paying either rent, or you're paying on. the mortgage that you took out on that land. So why should the City of Miami be any difkeyem than what is normally done in the private sector? Frankly, if the developer cannot afford four purred thousand dollars ($4003,0W) or a figure close to that, in the first two years to pay to the City of Miami, then this project is in real, real shaky grounds. There are many other things that -we, need to discuss and go through in this project. We spent as much time as we could with the developer and our Assistant City Attorney that has gone through this contract yesterday For instance, one thing that was erroneous that was given to us, but it's not a major thing, was that the... But it should be stated for the record that the four hundred thousand dollars ($41-0,OW) begins on the fifth year, not the fourth year, and then it goes on through the tenth yeai. One, thing that I wanted to clarify is that after we are done on the tenth year, it says: "Thereaftor, a 10 September 26, 1996 minimum annual rent to be adjusted every ten years, based on an appraisal of fair market rent." Well, when you get into an appraisal of fair market rent, it gets very expensive. And then who is going to be doing the appraisal? 'Who is going to say that that appraisal is correct or not correct? So what has been discussed is that we go to what is more normal in leases, to a CPI (Consumer Price Index:) index increase. But at the same time, since the contract states that a percentage rent in an amount equal to five percent of the gross revenues up to sales of twenty trillion dollars $20000000), and six percent of gross revenues in sales to excess of twenty million dollars $20:(X)O:000 will Ire paid, while this on paper sounds great, if we go over twenty million 20,000,000), we are going to get six percent on that, below twenty trillion ($20,000,000) we get live percent, the truth of the ,natter is that Parrot Jungle today, in it's best years, has made aboat four and a half million dollars. I agree with the developer that in this location, he should do much, much better. But what I have requested is that since the developer is very sure that the City, of Miami, I believe I was told, in the seventh, eighth year should be making close to a million dollars ($1,000,000) in profit, in our profit in this, then, after the tenth year... We wili use the language that I just subscribe here, but after the tenth year, we will then put an additional bit of language that would say that at no less, will the City receive five hundred thousand dollars ($500,0000); after the twentieth year, it will be six hundred ($600,000); after the thirtieth, seven hundred ($700,000); and after the fortieth, eight hundred thousand ($800,000). In other words, regardless of the language that we are putting, and no matter how good it might sound, we are going to guarantee that every ten years, there is going to be a minimum increase of rent of a hundred thousand dollars ($100,000) in the minimum rent, just in case all the numbers that we. have been given fall through. And this is going to be one of the changes that I ate going to request before I can vote on this. And the developer stated to nee that he will be willing to ague to this portion, but the portion that I have not gotten an answer yet has been on the money that the City of Miami needs up front. If I am going to be asking all of our employees to suck it in, and to give from themselves to this City, then I am going to begin asking that of the people that are also going to he making hefty profits in doing business with the City of Miami. And I am going to begin by doing it today, in this and every single contract that would come before us. Commissioner Regalado: Mr. Mayor. Mayor C arollo: Yes, Commissioner. Commissioner Regalado: I would like to say for the record that I totally agreed with you. And 1. was reading in the contract that the developer will deposit a hundred thousand dollars ($I00,(VO) as a guarantee immediately after approving the contract. So another hundred thousand dollars ($I00,000), 1 am sure that will not make a dent in this huge project. And as you say, the City needs the money now. It's an extraordinary situation that we are facing. And I am sure that with the guarantees to the neighbors and the guarantees to the people of the City of Miami, we can grow together, and we can all benefit. But I just want to say once. again that I agree with you on the amount that the City should get up front. Mayor Carollo: Well, I wanted to make that statement because before we got into any of the other issues that we need to discuss here, we needed to put that up front. Where I stand - I don't know where some of my other colleagues are at - but I expt.:.t to get money for the first and second year while they are under construction. 'What's part of doing business. All of us would have to do that. At the same time, after my colleagues on the Commission would be done is, asking additional questions, I want to ask two people to bring up sortie of the points in this contract that I have questions on. Christina Cuervo is the Chief of Staff of the Manager's office and an Assistant City Manager. I have worked with her in many other contracts and projects sine I have been back to the Commission. Normally, she would be the one that would assist the Cittyy Manager, the former City Manager, in this process. For whatever reason, my understanding Is that you were not involved in this prods. Is that correct Christina? In reading the contracts and... I September 26, 1996 r Ms. Christina Cuervo (Chief of Staff/City Manager's Office): i wasn't involved in the dart-,, negotiations. I have now rend the contract, and I do have comments that I can offer to you. Mayor Carollo: GIC. Right. So I would like for her, since she read the last version... and there have lfn many versions, including the one that we had at the last meeting where this was deferred. There were many revisions that were made to that contract. And I would also like to ask Charlene Watkins from my staff to go over some of the paints that we have discussed in this contract that needs to be looked at closer, maybe some revisions made on some of therm, and questions need to he asked on therm. So before we proceed on that... And I'm sorry, this is going to take, maybe all morning. I don't know if we are going, to be able to take up any other items this morning. But if we are going to be giving close to 20 acre., away of City property in the most valuable piece of real estate that we owns, which is Watson Island, for 60 years, for a generation and a half, I think it's going to deserve at least several hours of discussion before this Commission. Commissioners, do any of you have any further questions at this point in time" Commissioner Plummer: The only question I have... and I would like clarification. Ti►ey'te to put up a hundred thousand dollars ($100,000) as a deposit. There is also 100 percent performance bond. Now, does that performance bond only speak to construction, or does it speak; to the guarantee of the rental also, or is the deposit for the rental? Mr. Luft: Just construction. Commissioner Plummer: Just construction. And that would be until the end of the first phase, or is it, in e&ct, back out on the second phase? Mr. Luft: Go ahead. Ms. Cuervo: Co ahead, Jack. Mr. Luft: The performance and payment bond is for the duration of the construction, the 24- month period, to assure that within that tin►e period, all of the improvements that were requested, including all the architectural design and soft cost necessary to produce those will be p-'d for The performance and payment bond is not for the rent.. That's what the deposit is for. Mayor Carollo: But the performance bona Jack, does not have to be in place until the first ctay that they begin construction, correct? Ms. Cuervo-. Yes, 11 Mr. 1 AM: Correct, yes. Mayor Carollo: So there is a six-month window, approximately... Mr. L ui`t: Right, Mayor Carollo: ... where this contract would be approved as is today. There is a six-month window that they could get out of this, and not be penalized by us. Mr. I UA.- Correct. Or the City could, too. Commissioner Plummer- So then what... In reference to Phase 11, is there a provision for smother performance bond? 12 September 26. laity A. Mr. Luft: Yes. Commissioner Plummer: In the amount of the actual projected cost? Mr. Luft: Correct, for thirteen point five million ($15.5 million). Commissioner Plummer OIL. Mayor Carollo: Commissioner. Commissioner Plummer: But... Excuse me, excuse me. Mayor carollo: Yes. Commissioner Plummer: The hundred thousand dollars ($100,000) deposit stays throughout the contract'? Ms. C'uervo: Yes, sir. Commissioner Plummer: 17hroughout. Ms. Qiervo: It actually increases with the minimum. t`onimissioner Plummer: OK. Ms. Cuervo: To 50 percent of the minimum. Commissioner Regalado. But we can use the one hundred thousand dollars ($100,000) deposited immediately. That's what... Mayor Carollo: Well, no, Commissioner. C..c' mmimioner Plummer: No, not a deposit. Mayor Carollo: That would have to dealt with like a normal business transaction in the privet:, sector. That would have to be peat in an escrow account by the City. There will be interest bearing, and we will have to pay them at some point in the future, or give them credit for whatever interest we derive froth. that. But that has to be placed in a separate escrow account. C mmimloner Plummer: But under the City's control. Mayor (^zrollo: Why absolutely. Commissioner Plummer: Yeah. Mayor Carollo: Absolutely. Commissioner. Cnn missioner Dunn: Yes. Mr. Mayor,1, too, want to go on record and state thatin light of tl fact of all of the financial stress and crisis that we are in, and we are asking... We are. going to br asking, I am sure, everyone to bite the bullet. I think it would be unreasonable to waive that two hundred dollars ($200) a year rental. Commissioner Plummer: Two hundred thousand ($200,000). 13 September 26, 1996 Commissioner Dunn: You know, as much as I support this project, and I believe it's a win/win situation for the City and for everyone involved, I just don't believe we can overlook the fact that we need cash flow, and we need it now, So I wanted to go on record, as well, to state that. And If some kind of wary that inatter Qan be resolved... And it was brought to my attention, and that was one of my concerns, along with the neighbors. Mayor Carollo: Any further questions from the Commission at this point in time? Commissioner Regalado: I have a question, Mayor. Mayor Carollo: OK. Co ahead, Commissioner. Commissioner Regalado: Which I am sure that we will be addressing that later on, but there are a lot of good workers within the City of Miami, and I was wondering whether we have any mechanism within the contract or within the City for workers to participate in the construction of this project, people who need work in the City of Miami. Mr. Luft, do we have any ways to assure. that? We do? Mr. L,uft: 'Yes. We have a first source hiring agreement in this contract for City residents. Commissioner Regalado: OK. Mr. L,uft: And we also require them to abide by all City ordinances for minority hiring and preferences. Commissioner Regalado: Thank you. Mayor Carollo: I think it is a very good question that the Commissioner brought, and as understood., bemuse there had been some talk and agreement on that with Dr. Lavine. And this Commission has the responsibility to .its residents that live in the City of Miami. At the same time, I do want to make it clear that this Commission is going to protect its residents here so that they could get jobs in this project and other projects. But this is not going to be used Lke r:: , be. some thought in the: past, as a gun to put over someone's head, to force them to then have to Iiira this Comntssioner's friend, or that Commissioner's friend, or some of the games that we all know have gone on here in the Fast. Any further questions from the Commission at this point? Christina, why don't you begin with some of the questions that you have and then we will go to Charlene, Me. Cuervo: Mr. Mayor, I have reviewed the contract, and Commissioners:, I have. reviewed the contras and I have some issues that I believe are non -substantive issues that we can work out with staff and with the proposer. In addition, I think there.'s other points that may be substantive, but they are really points of clarification that we can make, and there are some minor issues that I've found that may conflict. And furthermore, there are some issues that are.., that when we sit down with the proposer would actually improve the City's position. Mayor Carollo., Right. Ms. Cuervo: So they are really non -substantive, and those that are substantive would only improve the City's position and protect us further. So those are the issues I'd like to sit down with the proposer and with staff, and I have gone over there with staff this morning, and I feej that they are in agreement with them. Mayor Carollo; All right, but these are issues that we have to come to a final agreement befov . this Commission can vote on this. This iswhy I ace trying to get everything, out in the open, 14 September 26, 1996 ri Commissioner Plummer: Yeah. Vice Mayor Gort: Yeah,, you've got to tell us. Ms. Cuervo: No, I understand. My understanding is that if we approve the contract as is, that these air, issues that would improve the City's position, and therefore, they wouldn't be contsiderod substantive changes. So... And there are some that are non -substantive. I mean we can ask the attorney to clarify that further. Mayor Carollo: Well... Ms. Cuervo: We can go... Mayor Carollo: You see, this is where. I have a concern. Commissioner Plummer: Yeah. Ms. Cuervo: OK. Mayor Carollo: For instance, I believe that this one issue that we have in the contract that says the Manager may waive Vice letter of credit requirements. That's a major Lssue to me. Ms. Cuervo: Well, can I go... Mayan Carollo: Especially the way that this contract was gone around. Yws. Cuervo: Can I go further and explain? I have those issues. I these have a second set of issues which are policy issues. And I really believe that the Administration negotiated on the bmia than the proposer wanted to streamline the process and avoid having to come back to the Commission as many times as possible. So that was the basis under which the Admin. istcation negotiated. Commissioner Plummer: Th. at isn't what you said. Ms. Cuerwo: However, we are here to serve the Commission and the will of the Commission, and if it"s your desire that certain approval processes come back to the City Commission, then we would look for your directive and indicate where it is that you want to be involved in the process. I do want to clarify that construction documents - and this is something the City Attorneys advised me - do have to be approved by the Imor, which would mean the City Commission. Therefore, you will be reviewing all those construction documents. Mayor Carollo., Well, I understand, Ms. Cuervo, that this developer, line any other developer, would have loved to streamline the project and completely ignore the Commission, completely ignore a process in the sunshine, and have dealt with the Manager. making the recisions between both of them. But that's not the way that this contract is going to be approved, nor any further contracts in the City of Miami. Those days are gone. What I would suggest, then, that let's go to Charlene Watkins while you are putting some of these issues together that we need to bring out and clarify. Ms. Cuervo: Mr. Mayor, I didn't want to imply he didn't... wanted to ignore the C.ortimission. I mean dMt's not what he had stated to my staff. But, obviously, we are looking to you for direction, We do have some issues. We can put theca on, We can stale them on the record, ,r ri' you •gait, you can allow Charlene to go forward. 15 September 26, 1.996 V Mayor Carollo: Well, I think that if there is going to be any changes in this contract, we need to put everything on the record... Ms. Caervo: OIL. Commissioner Plummer: Absolutely. Mayor Carollo:... for this Commission to know about it and discuss it. Ms. Cuomo: OK. Mayor Carollo: OK. Charlene. Ms. Charlene Watkins (Legal Advisor): Yes, Mr. Mayor. Mayor Carollo: OK Go ahead. Ms. Watkins: OIL. If I may. The specifications in the conceptual site documents in the lease are not limited. And roughly, that basically means that the south side of the property, which could potentially be used for parking could be expanded upon for parking for this facility, to any degree. Is that the case? Mr. Luft: No. If you are suggesting that there is no limit to parking on the south side. this so called spillover parking, they are limited in their ability to request additional parking of l% to tK extent that we require it in the Zoning Code. Because there is a fixed limit on the prolvily t built structures, seats and square footage of retail space, and this is the two-thirds requirerner�� �, for the gardens, they cannot exceed the kinds of development that would require par'-;ng 0 were already built in there as a framework for the use and design of the project. We n.e expecting that the 5�U spaces that they are building on site will 1fle sufficient for their day-to-day use. Really, w hat their concern is, is that on speciality attractions of this sort, there are peak use days during the year where additional parking may be required, and it may be in our interest to assuz� that .here i sn't ovrr owparking, youknow, randomly going into grassed, arras or park areas, ar�d we wat to be able to accommodate that. That's why we've said if there is additional parking needed, we can require it. They will pay for it, and the City will operate it. it's probably in the nature, of two to three hundred spaces total. Ms. Watkins; But largely, you said that it's in accordance with. whatever is permitted under their zoning. 'Their zoning is presently parks and recreation. Mr. L.uft: Correct. Ms. Watkins: So it is my understanding that they could ,potentially, according to this cor.'ract, go ahead and build a summer camp facility, that's a stay overnight camp for children. Mr,. L.uft: Mm-hmm. Right. Ms. Watkins: Or according to their support and service, I guess, portion of their proposal, they could theoretically... It doesn't say that the veterinary hospital is limited solely to their use on the site. If I had... theoretically had a bird, and I went, and I had a sick bird, I couk) take it there then. Mr. tuft: Well... 1.6 September 26, 1996 Ms. Watkins: Are these services... In the support services, are they solely for the on -site use? Mr. Luke: Yes, they are. A veterinarian use for the general public would be a commercial _ ,re permitted first in a C1 zone. That is not a C1 zone. Therefore it would not be a permitted i r, . . i'he only rises that they could make of that property are specifically those that are approved by this Commissionin the development plan, or approved in subsequent amendnients, which understand the Mayor wants to have the ability to retain those additional approvals. So you would have control at all times over the kinds of commercial uscs that could occur. I think it has to be said that the stature of these, kinds of visitor attractions, even the botanical garden attraction, they need to have constantly updated displays, and they need to change and mod4 over time, bocause they want to keep bringing local people back for new experiences. So there is always going to be an adaptation to this. It doesn't mean the project changes in nature. It means that the experience that they are offering, the educational, entertaining experience has a new dimension to it, so there are adjustments they make. Just like Disney, there's always rebuilding within the Magic Kingdom, some aspect of their attraction. They will be making those modifications. But the basic use remains the same. The basic parking requirements are the same, it just may be a different way of doing it. You will have control over that. If they wanted to build anything that would substantially increase the parking, that would be clearly understood in the proposal they would make, and that would be part of the consideration this Commission would have to entertain before they would approve it. Commissioner Plummer: May I inquire? Mr. Luft- Yes. Commissioner Plummer: How many parking spac,.es do they have at their present location? Mr. Luft: I honestly don't... Three hundred and seventy-five. Commissioner Plummer: Three seventy -hive. M1 .. Luft: Yes. Commissioner Plummer: And have you had any experience to know whether that is adequate... Mr. Luft: That's on... Commissioner Plummer:... it's not adequate? Mr. Luft: On a typical day, for a typical occupancy at any... See, they go by two- to three-hour thne stay. So there is a turnover over the course of the day. That amount of parking is more than adequate for the typical visitor day for that... any two- or three-hour period. Like I say, there are Fourth of July holidays, there are certain clays that these attractions do attract more. They are building... Commissioner Plummer: So the 500... You are proposing a garage of 500, Mr. Luft: They are proposing a garage of 500, yes. Commissioner Phimmer: You are also not saying what I read into the contract about an additional area for buses. Mir. Luft: Right. The expectation here, which is._ The difficulty with the current loca.ti-A iti South Miami is it's almost impossible to get good bus access off of Red Road and 132nd. '11mi, 17 September 26, 1996 Is such a time-consuming travel experience that it's deterrent to visitors. On Watson Island, tour buses from the hotels on Miami Beach, or from Downtown Miami, or just regular bus system travel for our own residents is a very easy trito Watson Island. So we are going to be requiring theta to have additional bus parkin . ke already have an understanding with Florida Department of Tmnspottatlon that under the bridge, there are a couple of acres of open land bolow that bridge area which would be suitable for bus parking, and that's where we would store the buses. We are looking for a tremendous increase in the amount of Matrons coming to this project in hus+es over what they have today. So there is a lot of flexib.-lity built in here for handling those destination grips that will not require additional parking spaces. Mayor C aroilo: Go ahead, Mr. Vice Mayor. Vice Mayor Gott: Let me ask you a question. As part of the contract, you already have ti. attractions that are going to be included. Mr. Luft: Fight. Vice Mayor Gort: In other words, they have to be subject to these attractions. Mr. Luft: Might. They have to do... Right. Vice Mayor �t iort: They could not modiflr these attractions that they have listed here. Mr. LY& They have to have those at all tunes, because that's what we advertised for, and when they proposed, and we accepted their proposal, it was based on that. They can't start changing the nature of this project into something else, an amusement park, for instance. They can't do that. They have to have those attractions that define this as a botanical garden attraction. Vice Mayor oGort: OK Thank you. Mayor C arollo: Ms. Kearson, anything that you feel that the Law Department, should .nterjc ct I— oginion on, please feel free to. Ms. Linda Kearson (Assistant City Attorney): Thank you, sir. Mayor C arollo: Go ahead, Charlene. Ms. Watkins: In specific, what is an acceptable operator? Mr. Luft: An acceptable operator would be, obviously, an operator who is not under some sort of lawsuit with the Qty, who has not had a criminal record. We would have minimum levels of experience, five years in operating an attmction of this smm so that we know they are qualified to handle the day -today management andoperation, keeping the project wheat it was. Ms. Watkins: How is that... Mr. Luft: And, in addition to financial... Ms. Watkins:... that operator... I'm sorry. Mr. Lutt:... financial resources... The reputation part addresses nay first cAmment. Ms. Watkins: Right. How is that operator selected, under the way the way the contia.ct reads now? 18 September 26, 1996 M Mr. Luft: Well — Ms. Watkins: is that an administrative procedure,. (v will it come back Before this 'Commission? iir. Luft: 'Phis operator was a=pted by the Commission, because they presented all of these cmdeatials in their initial submission. Ms. Watkins: Right. Mr. Lunt: OK? What this is addressing would be if there was a change of operator at some rmint in the future. 'then we would have to have these standards to know that that person, corporation, or individual could run this. 'That's a pilicy question. Ms. Watkins: So that portion of the transfer dswn't go to the Commission then.. Air. Luft: 'nis term, "acceptable operator," really only applies to a transfer of ownership, and that transfer of ownership must have this Commission's approval. So what this... It spells out in this lease the terms that you, the Commission, would be using to determine in your own minds whether the operator was acceptable or not. It is telling the lessee up front how we would make that ludament. Mayor C a ollo: But the way that it was written in this contract, Jack - and i discussed this with Dr. Lavine yesterday in my office as one of the points we brought up - it was, basically, whomever the Manager would be at the time that would negotiate that with hits. Based upon to criteria that we've established, it would be up to the Manager to agree or not to approve this t the Commission, and basically that the last step would be a rubber stamp from thin Commission. And what I have expressed to Dr. Lavine was that this Commission is not going to ire he= rubber stamp. This Commission will take that responsibility that we have, since we ..ave K elected by the public. Ms. i{ewson: Mr. Mayor. Mayor Carollo: Yes. Ms. Keamm: If I may clarify. And again, this is a policy decision. 'f'he way the: lease is presently written, an a eptable operator that is identified, pursuant to a leasehold mortgagee takingcontrol, does, in fact... is, in fact, approved by the City Manager, However, if there is any transfer other than pursuant to a leasehold 'mortgagee taking control, it comes up before the City Commission. But again, that's your decision to make. You can have any and all operators (approved by this Commission, Mayor twarollo: And that's what we discussed yesterday. 'that's what we wanted to do... Commissioner Plummer: Yeah. thy. K,earaon: That's correct. Mayes Carollo:... in this contract. Ms. K."Mon: Yes. Mayor Carollo; And! I think you started to work on die wording to correct that. 19 September 26, 1996 c is Atty Kearson: I did write your comments down. Mayor Carollo: Thank you, Go ahead, Charlene. Ms. Watkins: You've touched on most of my issues sir, and I really don't have anything further, other than what we spoke about in private. Commissioner Plummer: I can't hear. CXn you hear? Mayor Carollo: GK. Commissioner Plummer: I can't hear you. 'Mice Mayor Cart: She doesn't have anything to say. Ms. Watkins: I am sorry. tie's touched on most of my issues already, so. Mayor Carollo: OK. Ms. Cuervo: Mr. Mayor, would you like me to put some of my comments on the record now? Mayor Carollo: I ceatainly would, Christina. Ms. Cuervo: OK. I know that we are in receipt of a letter from Baker and McKenzie with soi objections, .and I am sure the neighbors are going to bring up some of these things. Lu• as I �,., through my comments, I think that some of them, I am going to try address, as well And or page 16, it can start with the description of improvements, and I just want to clarify. This is Just a clarification. I don't think this is something that we are necessarily going to change. But on page 16, we discussed what the leasehold improvements will consist of at a minimum. And I know there is some concernn that other things could be built on the project, and therefore... aadi Jack and staff had advised me that this will be. restricted, based on the zoning, and therefore, there will be limits on what can be built there, just by virtue of how it is zoned. On page 18, we have a section entitled "Delivery of Possession of Subject Property." Vice Mayor Gort: Excuse me, Mr. Mayor. Mayor Oiler: Go ahead. Vice Mayor Gort: Let me ask you a rluestion, Christina. I know you are saying that, "subject to zoning," but we have a specific use that we have put in here. This is the use... what's written in this contract. Mr. tuft: Right. Ms. Cuervo: Exactly. Vice Mayor Gort: Right? Mr. Luft: `That's cxorrw, Vice Mayor Curt: OK. lbank you. Ms. Cderve: On page 18, we have the delivery of possession of subject property. On this page, tbcre are certain conditions precedent that must occur prior to the actual possession date coming 20 September 26, 19% "IN V into effect. As you see, on several of these sections, it requires City Manager approval. If these are things that the Commission would prefer, this is, again, a policy issue that you could ch: +ge. However, on page 19, there is something that we are going to clarify, that I have discussed w `h the City Attorneys this morning, which is on the waiver, which is specifically Section R, li.tic on page 19 at the very bottom. It talks about the lessor and the lessee being able to waive cr -fain conditions precedent. We are going to clarify which conditions precedent, and which er. 'y could waive. That the lessor can waive, obviously, things that are pertinent to the lessee being; obligated to do, and that the lessee will waive things that the lessor was obligated to do, so that you can't waive your own obligations under the lease. So that's something that we are going to clarify. Commissioner Plummer: All tight. Let me ask you a question. I remember vividly when we built the Convention Center, at no time did this Commission ever be made aware that there was potentially Indian bones buried there, and because of that, the Convention Center was delayed for how lung, Jack? Six months, eight months, a year? Mr. Lufit: Yeah, right. Commissioner Plummer: A long period of time. Now, I don't know what's on Matson Isiand, but what I'm questioning is, if, in fact, where we're talking about delivery of possession, if, in fact, during this period, something similar could be a delaying factor, where does the City stand, where does the lessee stand? Something that I would have to say is beyond the control of any of us. Sri what is here, if anything, knowing the precedent that we had before, to addrem that issue? Mr. Luf'i: Well I can tell you with regard to Indian bones, there aren't any there, because "Ic. island was filled in 1948. Commissioner Plummer: Well, excuse me. I'm not trying to make a joke, and don't anybody have the Indians coming after me. But... Mr. Luft: No. Archeological impacts are important, and they can stop a tot of things. And the. same thing happened for, you know, Knight Center, with the Indian around on the river. Commissioner Plummer: That N what I was talking about. Mr. Luft: Tight. The island has been in public park. use since 1949, when it was finished on the fill activity. As far as environmental conditions, we would do a Phase I audit to determine pricer uses, and whether there: would be any reasonable expectation of potential contaminatio►i on the north side. There are two sites on the island that we have looked at in the past - actually three - with some of those concerns in regard. One of them. was the Outboard Club. The other one wa.:. the fuel facility at the marina clocks, and the other one was the helicopter operation. We hav, , letters and certifications from DERM (Department of Environmental Resourms Management) 'that the helicopter operation is clean. There was an above ground tank that was removed. Thera was a minor cleanup there. That's men resolved. The marina, the fuel docks were monitored. Monitoring wells were set. neat has been certified by DERM, and they are under continuing monitoring while that is an operating fuel dock. Commissioner Plummer- OPL Jack you are. speaking... Mr. Luft: So we don't... What we are saying is, we've taken all necessary precautions right now try to detennine at this point what our risks are. Phase I would be the first level that they would have to do. We cannot say absolutely, unequivocally that they wouldn't find anything. If that Phase I or Phase II turns tap a remediation, then the date of possession is forestalled until that rernediation can be completed satiafactorily to the City and to the tenant. 21 September 2.6, 1996 ,0� Commissioner Plummer: So the rest of it does not (rick in until that. Mr. Luft: No. 'life clock starts ticking and the rent starts occurring from the date of possession. Commissioner Plummer: But if we are - the horse or the cart? - turning over lxmeshl0n, a - theft th6 matter is found, what is written in - I ratan, I don't think we want to penalize them 0, penal w ourselves - that once construction starts or once the pr..mession is given, if there is a delaying factor that is not their fault or our fault, what happens? Mr. Luft Right. OIC All right. There are two circumstances in here, page 106, Section 44.1, "Unavoidable Belay." The most... actually, the condition that we are most concerned with is the completion of the sanitary sewers. Comte Lgsioner Plummer: Yeah, but we have an obligation... Mr. Luft: We have an obligation to do that. Commissioner Plummer: ... to a temporary, if they, in fact... if we do not get the permanent completed. Mr. Luft: Right. The unavoidable delay would set back that... would cause a break in the clock. It would stop ticking, and they would get an extension for that period. Mr. Eduardo Rodriguez (Director/Office of Asset Management and Capital Improvernen t: Their rents would not be abated. Mr. Laft: Yeah. Mr. Rodriguez: Their rents... Mr. Luft: Eduardo was pointing out to me that in no event would the rent be abated - that is, forgiven - the rent would still be due and owed. But tine time of lease period could be: extended to' cover that unavoidable delay period, is what would .happen. The same would be for any newly discovered contamination that might cause an agency to some in and stop the operation and say, "You've got to clean this up." Commissioner Plummer: OK. So what you are saying is that you feel that there is adequate provisions in this contract to address that issue. Mr. Luft. Yes, sir. Commissioner Plummer: OK. Commissioner R.egalado. My question is about the Japanese Garden. The developer told ine yesterday that be. would relocate the garden outside of the facilities. However, in the ieaae, wit mad possible, "possible relocation." Are you comfortable with that promise, and should we include that on the lease officially? Mr,. Luft; It is included.. in the lease as an option that he has. Commissioner Replado: It says "possible." Mr.. Luft: Yes, potential. I don't know that the developer has made the decision, finally, whether he wishes to incur all those costs, but we ,are giving hitr, that right to move it, if he 22 September 26, 1996 t wishes. That right would be to this location on the immediate edge of the property, a one -acre tract adjoining... It would put the gardens, really, at the entrance to the island. 'That's the first thing you would see, as the public coming off of the causeway and entering Watson, would be those gardens. I actually think, and I could recommend to this Commission that it is provably a much better idea than leaving it where It's at, because where it's at today is in the center of th project. Commissioner Regalado: Right, Mr. Luft: And it would be difficult - not impossible, but very difficult - to assure easy, free access to the public to those gardens, It would be a logistical issue that we think defeats the ppublic's expectation that they would have the right to use that garden at any time. By moving it (immediately to the edge, that could be assured. We also think that givens the talents and the expertise of the gardens, the Parrot Jungle and Gardens, the landscaping component of the garden could be greatly enhanced aver what the City has been able to do with that landscape element. All of the built environment of the gardens - the pagodas, the pavilions, the bridges - would be moved intact and replaced as is in the new garden. So it would have very much the same feel, only with a more beautiful garden component. This has been run past the Ichimura Gardens Commin", and Rico Corporation, and they are all in accord with this. They feel very comfortable with it. Commissioner Plummer: Jack, explain to me the Brown mouse. Mr. Luft: The Brown house... Commissioner Plummer: Or half of the Brown house. Mr. Luft: ... for those of you that may not lmow, was a historic home that was located or:... n. ar Pace Park on Bayshore Drive. It was moved to accommodate a redevelopment of the sitt., forty thousand dollars ($40,000). It fell apart halfway across the bridge, and half of the house currently sits on the property. The other half is basically a pile of rocks. It's been there for a ni mber of yam now, and unfortunately, the interior and some of the structural elements of the eating half of the house has gotten quite in poor condition. It may not be feasible to restore the.. half *at's there. It would be, obviously, very expensive to rebuild the half that fell down. Commissioner Plummer: All right. My question.., Mr, I.ruft: What we are saying to the developer is, "We. want you to make the best effort to keep the house, if you can." Commissioner Plummer: The half of the house. Mr. Luft: And there would be an engineering study to determine the economic feasibility of that. What gives us some encouragement is that the vernacular architecture of Parrot Jungles, which will be the direction they want to go, is the coral rock architecture that they have in South. Miami and elements of that will come back in the new project. The Brown house, architecturally, would fit very nice with. that. So they may be able to use those materials, reconstructing it with something that would be useful for the gardens, and it may end up being a new structure out of the old materials. But we think it can be done, and they are going to give us our best effort on that. Commissioner Plummer: I... Mr. Luft: We cannot hold them to the requirement. 23 September 26, 1996 rI �1 ^ Commissioner Plummer: Jack, I got to be honest with you. I don't know what you are trying to accomplish with the Brown house. Mr. Tuft: Well Dade Heritage... Commissioner Plummer: You know, it's in the contract that they'll make the best effort. Best effort to do what? Mr. Luft: To try to retain the half that's there, and rebuild a component. Commissioner Plummer: I mean, does it make any sense? Maybe I am nuts, OK? But why are we trying to retain half a house? Mr. Luft: Well, we are trying to retain the whole house as a part of a reconstructed component. Commissioner Plummer: But the rest of the house is gone. It was over on the causeway when it collapsed. Mr. ;soft: No, it's still there. It's in a pile, but it's still there. Commissioner Plummer: It's in a pike. Mr. Luft: Yes. And they are going to do be a lot of coral rock work on the site, and it � conceivable that they could use that material and rebuild something. Commissioner Plummer: Wasn't there a song that said something about the train that ran through the middle of the house? Mr. Luft: Right, Right. And, Commissioner, the intent here, again, just like these gn.W people from... the neighbors have their particular neighborhood issue, we have a historic preservation coxntntmity here. that's spent a lot of money. They've raised substantial private dollars. Commissioner Plummer: Miat's exactly the point that I am getting to. Mr. Luft: We awe it'to them to try. Commissioner Plummer: All right. But there is no obligation here... Mr. Luft: No. Cbtnmissioner Plummet.... to completely restore. Mr. Luft: No, sir.. Commissioner Plummer: Well, because, you know, I've been around, knowing how these work sometimes, OK.? Mr. Luft: Well, we've run this through Dade Heritage Tnist. Q)mm.isniunet- Plummer., OK. Mr, Luft: And they recopized the problem, and they appreciate it. 24 September 26, 1996 r W Commissioner Plummer: In outer words, what you are saying, the bottom line is best effort. Mr. Luft: Best effort. "ey appreciate what we are doing. Commissioner Plummer: If best effort fails, OK. Mr. Luft: Yes. Mayor Carollo: Christina, can you twin. up some of the environmental issues that we have discussed that we have a problem with? at's very important because... Ads. Cuervo: 'Yes, sir, that was towards the end of my comments, so I'll skip there if you'd lik - Mayor Carollo: OK. Ads. Cuervo: On the environmental, which starts on Inge 80 - excuse me - page 79. That's where we discussed onvirotimental liability. On page 81, I have a specific comment, and this is something I have not been able to sit down with the proposer, but I mentioned it to staff, and it's something that, obviously, the proposer would have to agree to. But in this section, which is Section 20.3, little 1, it discusses that the lessee may elect to cancel this lease within the time period sset forth within the previous Section 4.3. And in that case, the lessor, which is the City, would reimburse the lessee for any reasonable cost it expended in connection with the Phase: I or the Phase IT audit. And I mentioned to my staff this morning that I felt that this is something that the City should not be obligated to reimburse them for, because at that point, we are left with a propen), that is probably contaminated, because if not, they wouldn't be canceling the lease. And therefore, we are going to have to incur some liability going forward at that point. So that is something that we need to get the proposer to agree to. When you go to the second... Commissioner Plummer: Excuse me. have you brought this up to him before? Ms. Cuervo: No. I don't know if staff has. Let me ask the staff. Mr. Luft: We discussed this. This was a negotiated provision. The proposer was reluctant to pay for the cast of a test on publicly -owned land before he had possession. He felt that the cost of that testing, since it was still our land, and still under our control should be our responsibility. What I think the Assistant'C'ity Manager is saying is that because inherent within the testing is the egxrure... M's. Cuervo: Potential. Mr. Luft:... is the discovery of additional cost for us, that that should be a shared cost, not solely ours. So the cost of the Phase I audit is really minor. 'That's a five, six thousand dollar ($5,000, $6,000) cola, and I don't think that's the concern. If Phase I turns up a reasonable basis for doing a Phase 11, then we all become concerned, because now, it's saying that you better test, pause them probably, or it may well be something there. It's the cost of that Phase II audit that could run in the high five figures, easily, to do. And it would be the lessee'a co,nc° -M that they would be paying those costs to determine what is the problem with the City land, and they would not get that motley back. And then, they would leave the project with nothing to show for it. But you'll have to answer that. Mayor Carollo: But the only reason we are going forward with those tests is because he wants to develop that property. Otherwise, we would not then be going forward with thossse tests. So we are incurring that possible liability, if there is one... 25 September 26, 1996 F,I 1Mr.1Aft: That's right. Mayor Carollo:... hopefully, there is not... to benefit the developer, also. Mr. Luft: Might. So I think it's a fair question, "Should we share those costs?" iMs. Cuerves: Mr. Mayor, let me goon. On the next page, on page 82 -and this is irr lxxttua to point out to the Commission - is the allocation of financial responsibility for cleanup of any existing contamination. While I believe that staff made the best... Staff made the best efforts to come up with a compromise, but, obviously, no one wanted to assume - neither the lessor nor the lessee - full responsibility for any financial cleanup that may be required in the future. It was agwA that there would be a mutual and fair equitable distribution of the cost to be incurred. When I read this, I was concerned, obviously, but this is something that has to come to the Commission. Before this City expends any funds, you would have to approve that. And therefore, by virtue of the way that this is written, any cost to rernediate the property would have to come back to you for approval, and therefore, you would have to approve the plan that we negotiate with the proposer. Mayor Carollo: But still... That's fine to say that, but why can't we resolve that now, clearly? See? Ms. Cuervo: I think that this is... you know, I am going to let... Mayor Carollo: If that's so fine for the developer and some of our staff, then it should be tine to resolve it now, and put the pemanent language in here while this is being approved. Ms. Cuervo: Mr. Mayor, I... Mayor Carollo: See,, this seems to me that someone want. to throw the dice, and hoping that a future Commission, is going to look the other way and be more favorable towards them. Ms. Cuervo: Mr. Mayor., I would like to let my staff comment on that, but I would litre to tell you that I ant sure that this was the subject of very many meetings, and there was no agreement that was reached. And in an eff'ar:�# to bring this lease to a conclusion and present it to you, this was the compromise, while at the, same time, preserving our integrity that we would have to bring it back to you for your approval. But I... Mayoi Carollo: I understand, Christina, what you are saying, but what I am saying is that we need to find the language... Ms. Cuervo: I agree. L. Mayor X irollo: ... iltat is acceptable and fair to both parties to ftnali this with; not to Ne leaving it in such a vague way that we are going to be dealing with this at a future. time. Ms. Cuervo: I agree. I wish that we could do that. So if... I don't k now if the proposer and the, Commission... Mayor Carollo. Well, we can do it. Ms. Cuervo: OK. Mr. Lwft: What we have done on other projects - 1. think the boat yard efforts did not finally conclu&., but at least we had an agreed upon lease - said that the proper would pick up remit. 26 September 26, 1996 costs, up to an amount of a hundred or two hundred thousand ($100,001 or $200,000). The: City would pick up the next level of cost up to an equal amount, and beyond that, there would be a negotiated amount to be done. This was a part of the Port agreement, as well. Something like that may be tried, where we start to address at least the front end of the cost. Mayor Carollo: Well, I am open for suggestions that we could look at, but what I am not open for is for the City to be left holding the whole bag... Mr. Luft: Might. Mayor Carollo:... if something comes tap. Ms. Cuervo: No. We agree with you, Mayor. And I don't know if this is the forum to bring up those proposals, or if this is something you wanted... Mayor Carollo: You know, I am willing to bring it up here, if need be. I am willing to call a meeting for tomorrow, just to deal with this, if use need to, or Monday. I am willing to handle it whichever way they would like to expedite this, but at the same time, to guarantee the City's rights for a 60- ►ear contract. a contract that is going to last for a generation and a half. Ms. Cuervo: I agree. Mr. Rovald Krongold: My name is Ronald Krongold. I am the attorney for the Parrot Jungle, and was actively involved in negotiating this lease with your law Department, who, if I may say, were very precise, very diligent, and gave us a real hard time, OK. It was a tough negotiation for a long period of time. And as Christina said, this was... This particular paragraph had a lot to do with... We could never get a resolution. Because it's our intent that the reason, we are paying rent to the City of Miami is for them to give us a piece of property that we can use, not a piece of property, that has hazardous waste on it,. In addition to that, if we went ahead and we found that there was hazRrdous waste, or if we didn't go ahead and you found that there was hazardous waste in your use of slice propeaty, or your further use of the property, if - you. pulled the permit, for any reason, you would have to clean it up, anyways, in most instances. I mean, unless there was a fund. from the State, which if there is available funds, will tx%th go it But I believe that as a civic body, especially on this issue, if there is hazardous waste that i., either leaking off the sound into the bay, or that's there now, that's a civic duty of the Cite .o clean up, anyways. ` Mayor Carofio: Well, Icon, we could by saying that about every pied of property the City owns. We could be going digging holes in every piece of property that we own to do our civic duty. Is that what you are saying? Mr. Kroagold:. What I am saying is, if there is hazardous waste on a City piece of property, yes, it's the City's duty to protect the citizens. But I don't want to... Mayor Carollo: No, no, this is not... this is not what you are saying. You know, you are playing with words. IvSr. krongoid: But I don't... Mayor Carollo: Right now, the only rcrison that we are looking to do anything on that property it# because your client wants to develop that property. We are willing to do that. And if we find something there, and CW forbid that we do not, we have a responsibility by lave to go ahead and, clean it. But at, the sane time, the only reason that we will go forward in doing any kind of re eArch of that ,property, any kind of digging in to see what's there is because your client wants 27 September 26,1996 M to use that property where he can make more money than the City will tn. ake on that project Now, what I am saying is that we have to find a medium ground where, if there is anything that is found there, your client is not going to get off Scott free. We are not going to he left holding the whole bag. Mr. Krongold: Well, Mr. Mayor, I am not trying to be argumentative, and I understand your point of view, and I also understand that the City... I read also, and I watch the news channels and so forth. I know that the City is hard put for funds. I understand that. Mayor Carollo: You don't even begin to realize. You can't even begin to realize, Ron, just how hard pressed we are for funds. If you want to, come back at five p.m., and you will get a real picture of just how bad we are pressed for funds. Mr, Kronggold: Well, I'll take ,your word for it. And I am sure, under your tutelage, and the Commission, that you are going to pull us out of it. Mayor Carollo: Ron, it's going to require a lot more than us five up here, I assure you. Commissioner Plummer: That's for damn sure. Mr. Krongold: Well, the point I am making, though, is that this issue doesn't stand alone. The issue stands with the following points, which I would like you to take into consideration. NVf 've spent more than a ;year in negotiating this, this lease. During that time, my client has spent a lc of money in engineering,, and for attorney's fees, and so forth and so on, in getting to the paint that we are at. The minute that we sign this lease, we are going to be spending additional funds going forward to prepare construction documents, and so forth, and so on. So we are incurring a substantial amount of expenses to get to the next step. If we... Mayor CArrollo: So has the City, Ikon. The City has spent a tremendous amount of money in manpower, in attorneys, in people in our administrative departments, to deal with you. So, I mean, that expense has been shared by both sides. Mr. Krongold: And again, I say, I understand that, and I want to say that as far as your professional staff and your attorneys.., and I am not saying it to massage them. I am saying it besatsi'e I've done a lot of negotiations. I have been in a lot of transactions. They have done more than an adequate job to protect the City in this instance. %ere we are running into a rub Ls a question as to, if we were told. that there is a lia=rdous waste that is, very substantial in dollars on this property, we have to readjust all of our numbers beyond what Nue know. In other words, we know that there ,are certain... For example, a good example is at the end of the negotiations, we had found out aboout the road, and there may not be - the axis roads - that there may, not be Federal funds. There was a long negotiation about who would pay, that. That's in... it's probably going, to be in excess of two trillion dollars ($ ,000,000). We negotiated, and we negotiated, 'and finally said, " OK, look, we have to pay it to get the project going, if we can't get the fends from somewhere else," so we agreed to that. But there is a point in the negotiations where it becomes unjustifiable for the project, for us financially to go forward with the project. I am not saying that we've reached that point, because we don't know, we don't know what ttaat hazardous waste is. Commissioner Phunmer: That's the problem. Mr. Krongold: What I am concerned about is if the hazardous waste is of ,such a substantial amount, and we obligate ourselves to pay a substantial amount of that hazardous waste, then we... then our figures go right out the window. The other thing is, momily or justifiably in the negotiations, what we are paying rent for is, we are paying rent for a piece of property that wt 28 September 26, 1996 min cats build the Parrot Jun4,is, the Botanical Gardens on. That's... In other words, that's your only obligation is to... There s two obligations you really have. One is to deliver as good title, which is.., we, are not buying it, but good title, so that nobody can come in and destroy the lease. And the secood thing is a piece of property in its raw state that we can use. What now is happening is, of those two things, one of them, you are passing beck to us, and saying, "If there is an environmental problem, thee; we expect you to take care of it," I've got to tell you that there will be probably a point in the negotiations where we will say it is 'ustifiable, that we'll help out, because we want to go forward. What I would suggest is that t�e way this is written possibly isn't definitive enough In most instances, because what it's saying, basically, is that we are going leave... First, because we couldn't come to a conclusion. with it, we are going to leave it to see if there Is a problem. And then If there is a problem, we are going to snake a determination as to who will pay for what. If we can't... Commissioner Plummer: Who is going to make that determination? That's the question. Mr. ICrongold: ... agree on that determination then, we have the option, either one of us, to walk away. Commissioner Plummer: Yeah, but that, you see... Mayor Carollo: That's understandable. But what I am saying is that we need to determine guidelines, clear guidelines, right now, because one of the problems that we have here, which you have not addressed is the following: Where it says that "Lessee may elect to cancel this lease within the time period set forth with paragraph 4.3(b)(ii), in which case the lessor," meaning the City, "shall reimburse the lessee for reasonable costs expended by lessee in connection with the Phase I and/or Phase II audit." Which mcans that whatever work you 'd there;, if we find anything, you can elect to cancel this contract, and vie have to reimburse yel) ;'ar whatever work you dial there up to that point. Mr. ICrongold: No, no, no. That's not... If I may... This is specific language, Mayor. What this is tal'king about is the... and possibly, we should say the envirol mental audit, and make it more definitive. Mayor Caroilo: Yeah, exactly. 'That's what we are talking about, is the environmental audit. Mr'. 'rongoid, No, no.. But what we are talking about is just the audit. Mayor Carollo: Exactly. Mr. Ktnngold: In other words, an audit could run maybe five thousand dollars ($5,O00), maybe thirty-five thousand dollars ($35,000). Mayor Carollo: On Phase I, but Phase II is going to be a lot more expensive than that. Mr. Krongold: Well no, no. Well, no, the phase... No, the Phase II, I can't see the Phase I . going more than, from my experience, more than twenty-five, thirty-five thousand dollars Mayor Carollo: Well, from your experience, But I've known of others that are a. lot € or-e than that, %o if that's not really a problem, then we can take off this whole paragraph here, since., you imow, it is not really not any amount of major money there, right? lv9:r.Ia-ongold: Well... 29 Soptember 26, 1996 Mayor Carollo: CAI., we could take out "I" then? IVIr, Krongold: If yyou're saying to me that the City is willing to pay for it, then I have no problem with it at alf. Mayor Carollo: No. What I am saying is that... You are telling me that Phase I and Phase 11 is small change, five thousand ($5,000), twenty-five thousand dollars ($25,000), no more than that. so what I a' m saying is that sing it is not a major stumbling block, then we could take this whole language out of the contract then. Mr. Krongold: Well, by that arpment, any amount, even two hundred thousand dollars (g200,000) can be small change, and possibly... In other words, there is an argument as to who should move on what. Let me ask Bern, OK. Let me ask Dr. Lavine how he'd want to progress, bemuse I'm the attorney. He makes the business decisions. Mayor Carollo: That's correct, and 'I understand that, Ron. Mr, Krongold: Lct nee gust take a second. Commissioner Plummer: Well, Mr. Mayor. Mayor Carollo: Yes, Commissioner. I Commissioner Plummer: I think that, you know, for the last five to ten years, we've had cases where the City has gotten burnt over environmental cleanup. Mayor Carollo: 'That's correct. Commissioner Plummer: Merrill Stevens was one of the major, major problems that we were faced with around here, because of underground fuel tanks. And let me tell you something, that was Why - one of the reasons it failed in a project previously. 'The Motor Pool, which we know has Lail binds of gasolines and oils, and everything like that, when we went over to the County, we did devise a formula, 'and I am wondering... Christina, what was the formula that we used? We agreed to pay "X", the County agreed to pay " X", but beyond that point, it was the... split 50150. What was that formula that we used there? Ms. Cuervo: 'You're tallying about in the Port agreement, not in the... Commissioner Plummer: Was it the Pork? Mayor Carollo: Fait a minute. In the Port agreements, the one that we used the formula. Cuervo: In the Port agreernentr yes. Right. Commissioner Plummer: But, I mean, there was a definite formula. And I think wimt the Mayor is saying here... Mayor Carollo: Yes. Commissioner Plummer:... it's tors broad in its terminology. %Tenor Carollo: That's c:ortect. Commissioner Plummer, That it needs some kind of an understanding.,. 30 September 26, 1996 FI N] Mr. Luft: Right. Commissioner Plummer: ... knowing fully well that contracts are never l(x)ked a . v •.:n everything is going great. You look at a contract when there is a problem. And I thinly that .,u can come up with some kind of a formula that would address this issue, which would say, ": , y, If, in lit, it occurs, here is where the responsibilty lays." Mayor Carollo: Well, this is what I have been stating here. And what Mr. Krongold has been saying to me is that it's our civic, our moral duty to clean it all up, if we find anything there. Mr. Krongold: If I may, Mr. Mayor. Mayor Carollo: Yes, sir. Mr. Krongold: in the spirit of compromise, which the compromises have been going that it's coming out of our pocket most of time, but in the spirit of compromise, what Dr. Lavine suggests is to settle this whole matter, instead of doing it piecemeal. What we'll do is, we'll agree that if there is hamirdcus waste that's on the property, that, obviously, we didn't... it wasn't because us, it was the use 'before us. Mayor Carollo: That's correct. Mr. Krongold%.. That notwithstanding that's the fact, we'll pay or be responsible for the :cx the audits. If the ;audits show that there is hazardous waste, including the cost of the au1is.. don't want to mislead you, OK? Let's assume that the audit is thirty-five thousand doll;A6 ($35,000). We'll pay an additional sixty-five thousand dollars ($65,000,000). So in fact, what I'm saying is, we'll pay up the first hundred thou: and dollars ($100,000;) for audits and cleaning the property. After that, the City would pay the next hundred thousand dollars ($100,000), and then we'll split whatever is left. Mayor Carollo: That is fair. That's basically what we dad in the Port expansion. Commissioner Plummer: Yeah, yeah. Mayor Carollo: The only thing is that they're including the cost of their audits, which bring,, it down a little less. But in the spirit of trying to be as fair as we can, I will be willing to acoml that. Commissioner Phimmen Yeah, but I... whoa, whoa. Mayor Carollo: You are paying the first hundred, including the cost of the audit. Commissioner Phunmer: Hold it. Mayor Caroflo: We'll pay the next hundred thousand. From then on, we would have a 50/50 split on any cleanup. Mr. Krongold: Up to an amount of two hundred thousand dollars ($200,000), because if the... Well no, listen to me Joe... Mayor. The thing is if it... (INA1UDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mr. Krongold: OK, four. Up to... You mean four hundred thousand ($400,000) all together. 31 September 26,1 Dr. Lavine: All together. Atty ICrongold: Yeah. A total of four hundred thousand. Because if we find out that the .. A •s i can't picture. it, but if it happens that the environmental audit shows that there is so-, e tremendous waste down there, that could cost millions of dollars. First of all, the time to clear; A would probably destroy all of this. And second of all, we want to have some kind of cap where we are responsible up to a certain amount. So... Ma or Oarollo: Well, I could understand front your point of view why you want a cap, now. JacC come up to the mike for a second. Commissioner Plummer: I have a question directly related to that. Mayor Carollo: OIC, hold on. Go ahead, Commissioner. Commissioner Plummer: Yeah. Christina, I don't find anywhere in here a fair, level playing ground. They can walk. I Mayor Carollo: Sure. Ms. Cuervo: That's why... Commissioner Plummer: I don't find in there that if we decide we don't want to do it, tha' a. get the opportunity to wally. Ms, Cuervo: What's... Commissioner Plummer: No, no, no. Mr. Krroongold: That's in there. Mayor Carollo: This is what I've said before. They said no, that there was, but I haven't found it in... Inds. Cuervo: OTC. In. section 4.3, I believe, if you go back... let me tell you now. Commissioner Plummer: What pager Ms. Cuervo: gage 18 and page 19. These are the conditions precedent that crust be cnec, and .1: you go specifically back to the section I referred to earlier that I wanted clarification of, little... Let cue react you the enact section. Section 4.3(b), little 2, it talks about that these conditions precedent, which include delivery of a clean piece of property or a conformance or compliance with the environmental section, that if they are not met, them at that point, either party can cancel the lease. And that's where I wanted to clarify. Who can chose which conditions precedent can be waived? I want to make sure that we, the Igor, the City, are the ones that are waiving the lessee's conditions precedent, and that the Jesse. can waive the lessor's conditions premient, because here, it is not clear right now. So this is where—, Mayor C,arollo: That is not clear. Commissioner Plummer: You are missing my point. Ms. Cuomo: You go barb to this section, but this is a good point and... 32 September 26, 1996 I Commissioner Plummer: You are missing my point. My point is very simple. That there it .+n obligation one their fart to spend 'W" number of dollars. OK. As we know, today, w• i environmental, you know, you can run up a bill of two million dollars ($2,000,000) without even batting an eye, unfortunately, but true. If, in fact, we find that to be the case, and we don't wish to proceed, show the what you think the language appears here that says, "Ibank you, but we've decided not to go." Mr. ngold: May I explain? Commissioner Plummer: No, I want her. I don't pay you. I pay her. You can spear to her comments aftenvarcils but... Ms. Cuervo: Section 4.3(b) little 1. Commissioner Plummer: Four point three. Ms. Cuervo: "B", little 1. Commissioner Plummer: Little 1. The City Manager shall have the approve... Ms. Cuervo: No. Commissioner Plummer: Huh? Ms. Cuervo: Page 19, 4.3(b), little 1. Commissioner Plummer: OK. "Any City review and approval required shall be promptly undertaken by the City. But in no event shall the period of time available to the City for such review or approval exceed 15 business days from the receipt of such request. In the event that such review by the City requires Rdditional or remedial action by the lessee, the lessee small promptly... such additional remedial action, but in no event the period of time available to the... such additional remedial action 30 business days from the receipt of the request." I don't see where we can walk out the door, Ms. Cuervo: Jt's the next section. I stand corrected. It's the next section, it's little 2. That's tht one I had pointed out. before. That we can terminate... I am sorry. I'm sorry. Commissioner Plummer: "The lessee or lessor may terminate this lease if all the aforesaid conditions precedent are not satisfied or waived on or before six months from the lease date, notwithstanding... the foregoing lease may extend the time for performance for any condition..." Off» in other words, either party has the right to walls for... without any reason. Ms. Cuervo: No. If... Mr. Luft: If those conditions precedent are not met. That's the clean site, If that's not met, we can choose to walls. Commissioner Plummer: Does that only refer to clean site? Mr. Lull: No, it... Ms. Cuervo: It refers to several... 33 September 26, 1996 I; W Commissioner Plummer: What are the other conditions? Ms. Cuervo: Financial, Financing, which is little... 4.3(a), little 2 and 4.3(a), little 3 talks aix►ut City'sa recelpt of the environmental condition acceptance notice from the lessee. Commissioner Pluntmtn OK. I am going to conclude by saying, I guess, when you change cotiditions, and you are asking an obligation on their part, there is somewhat of an assumption that that's going to create... an assumption on our part that's not here presently. his. Cuervo: I don't follow you. Can you repeat that again? Commissioner Plummer. OK In the present terminology of delivering clean parcel, there is nothing about them putting sap money, or paying for this, or paying for that. Fear. Luft: That's what we are coming to. Commissioner Plummer.: You are now going to insert that in. there under their agreement. Mr. Luft: Right. Ms. Cuervo: Right. Exactly. Mr. Luft: Right. Commissioner Plummer: At that time that they have conceded that as a part of their contract, then the City is also assuming some obligation of cleanup itself. Now, my question is, is that going to change this other relationship here, in relation to the six months? 'i'hat's my question. Mr. Luft: What that means is that we agree now that up to certain costs, we will agree to incur those costs. If it goes beyond that, then we have the right to walk, ©K? Commissioner Plummer: All right. So in other words, they are going to spend up to four hundred ihoussnd ($400,000). Is that what I heard? Mr. Luft: Oil. What I thing... let's clarify this now because... Commissioner Plummer: That's what I'm trying to do. Mr. Luft: The Mayor was about to ask me a question. Mr. Mayor, did you want W proceed with your question on this issue? Mayor Carollo: Yes, I would. Mr. Luft: OIL. What are the terms that we are discussing here? What the lessee has just offered is the first one hundred thousand. dollars ($100,000) of costs for moth testing and cleanup will be theirs. If we find through the testing that there are... cleanup is necessary and those costs exceed a hundred thousand (100,Wg)), the next one hundred thousand ($100,000) would be our expense. Mayor Chrollo: That's correct. l0fl(r. Luft: Beyond the total of two hundred thousand dollars ($200,000) for testing and cleanup, they would split the next two hundred, next two hundred thousand dollars (S200,000) in c okst 50/50, m dng a total of four hundred thousand dollars ($400,000) for cleanup cost. At that point,.. 34 September 26, 1996 r: Mayor Carollo: Well, this is not what I understood. He said they would go up to four hundteul thousand (S400,m). Mr. Luft: Yeah, right. Mayor Carollo: So I was understanding that they would pay up to four hundred thousand ($400,000). Mr. Krongold: No, no. Mr. Luft: ney're... up to... Mayor Caroile: So it's a split. Actually, what they are offering is two hundred thousand ($200,000). Mr. Luft: Two hundred thousand ($200,000). The first hundred and another hundred lxy arc a two hundred thousand dollars ($200,000) cost that we... you know, we've paid the next hundred. so now we're up to two hundred. Anything above two hundred thousand ($200,000)... They would pay half of everything up to a total of two hundred thousand dollars ($200,000) in additional cost. That would mean there, would be a total cleanup cost of four hundred thousand $400,000) that we would agree to share in that, in those terms. After four hundred thousand $ 0,000 , then each party would have the right to cancel or terminate the lease agreement, or the development proposal. Commissioner Plummer: It's... Look... Mr. Luft: Because... Commissioner ]Plummer: Are you giving me reason to believe that the first one hundred thousand ($100,000) the City... If the total bill of the testing and the cleanup is a hundred thousand ($100,000), the City is out nothing? Mr. Luft: What's right. Commissioner Plummer: CIS. Now, after the four, hundred thousand ($400,OW)... Mr. Luft: Right. Commissioner Plummer: ... that's the two of theirs and the two of theirs, is it agreed for them that they will split 50/50? Mr. Luft: No, because... Commissioner Plummer: Up to wheat amount? Mar. 1Krongold: Well that's... We haven't got to that yet, because right now we are up to saying... Commissioner Plummer: Well, when are you going to get to it? Mr. Luft: Well, that's up to then]. Commissioner Plummer: That's why I am asking, has the City got an out to walk? 35 September 26, 1996 n-- Mr. Luft: We are... Commissioner Plummer: Let's assume that this bill conies in at a million dollars ($l'M) 00' Mr. Luft: Right. Commissioner Plummer: OK? I think, pet -tonally, unless somebody draws another picture for me, as a Commissioner, I am going say, "Let's walk." Mr. Krongold: Right. Commissioner Plummer: OK? Now, what the Mayor, I think, is trying to accomplish, we need to know exactly the perimeters of, "What is the ultimate that could happen?" Rana I... Joe, is... Mayor Carollo: Absolutely correct, Commissioner. Mr. Luft: All right, OK Mayor Carollo: Beyond that, I think we need to get it on the record... Mr: Luft: Yes, sir. Mayor Carollo: ...so that we could have a better idea of exactly what we are dealing with. are the possibilities that we will find something there? To my knowledge, there was anything in that area that could cause us that great of a concern, but I don't know if them. is. I mean, we have other sites that we know that the potential is great to find problems in. I don't think this site necessarily might be one of those. But we need to really get the best information that we can to know what we can expect to find there.. Mr. Loft: CK. We have reviewed aerial photographs back to the '20s. Between 1919, when the causeway was built to 1945, there was no island. Commissioner Plummer- I didn't know that. Mr. Loft: There was no island. There was just a causeway. Beginning in the late. '3(s through 1945, they began adding to the north side of the causeway and creating an island. In 1947, the island, as we know it, the shape of it was basically there, although it was just raw land, nothing but fill and weeds. Beginning' in 1949, after we resolved. the last dispute with the Mate, prior dispute, and the City had title aad use of the island, the island remained as a park on the Borth side with a seaplane base and amarina along the southern shoreline of the causeway. That causeway remained along where the roadway, that remnant of a road way - you see where the marina is? - up until the late '50s. The causeway was moved to the middle of the island at that point. At all times, north of that, the island was a park. Once the causeway was moved toward the middle of the island, the blimp, which had been there singe 1929 along the shoreline, moved into where the helicopters are now. And the blimp was there from '29 to '79. That's where the aviation activity has continually occurred for basically 60 years, is right there on the south side of that bridge. That would be one point of concern. North of the bridge, where we are talking about this subject property, to the best of our ability, we have never Meen able to detemine from an historical collection of photographs since 1949 that there was anything there but the pork and the boat clubs. That's all. So we have reasonable bases to assume today that we are not ,going to find anything on what was clean fill from a dredge operation that was deposited there: since 1939, and has never been used for anything other than that. Out only concerns would be the, gas tanks at the marina and the fuel tanks at the heliport, but these, have both been checked. The 36 September 26, 19)6 � L'.rt if.YY .f.t. concern there would be if there was a substantial contamination, and a plume, moved by underwater migration, would have moved over to the north side, which could happen, then contamination could occur on the; north side through that plume. But. because DERM has checked both of those sites, and we. do have monitoring wells, we know that that hasn't happened from those two altes. So unless somebody came in the middle of the night will { barrel and duzra* it there and we didn't know about it... Commissioner Plummer: What's the potential from the two clubs? Mr. Luft: There is some from the fueling that =urs at the Outboard Club, at the fair end, but that has been reviewed, monitored by DERM, and there is no reason to believe that there is anything but a minor spilling of gasoline. Commissioner Plummer: You are saying on the south... Mr. Krongold: There's not been repairs. Commissioner Plummer: You are saying on the south side, only a park and the blimp? Mr. Krongold: They fill... they bring gasoline... Mr. I.taft: knight, right. They have a tank, an above ground tank they put gas in. Commissioner Plummer: But you are saying on the south side is the blimp and a park.? Mr. Luft: The blimp, and the marina, and the seaplanes on the south side. Commissioner Plummer: Yeah, and the helicopters. Mr. Luft: And the helicopters, right. The helicopters came after the blimp. Those were all using various aspects of hieling, and those would be of some concern. Now, Chalks, which is now Pan Am Air Bridge, has never had a fuel tank on. that site. They do all their fueling off of trucks. So there may have been some incidental spills... Commissioner Plummer: Spillage. Mr. Luft:... off the truck onto the tarmac, but that's not the same as having a tank in the ground. Commissioner Plummer: No, I understand tlw.t.. Mr. Luft: OK? 5o right now, I think what we are looking at is a Phase I audit that is going to, we believe, confirm drat there is no basis for, in fact, looking at a Phase II. If they do find something that may have occurred in the last 50 years, then we would go to a Phase II. Thzy would pay all those costs, up to a hundred thousand dollars ($100,000), including any rernediation that might come from that. After that hundred thousand ($100,000), we are talking about our paying the next one hundred ($100,000), and then after that, we would split the next two hundred thousand dollars ($200,000) 50150, to get us to a four hundred thousand ($400,000). If we've got a four hundred thousand dollar ($400,000) cleanup on the north side, then we've probably got a lot more. Commissioner Plummer: Well, that's exactly the point✓ Mr, Luft: Eieeause we are talking about something significant, and that could be five million, ($5,000,000), ten million ($10,000,000), twenty million. ($20,000,000). You reach a point where the economics of the the project simply don't work, and it collapses. 37 September 26, 1995 Commissioner Plummer: OK. So then are you going to write into this contract that, in fact, tour hundred thousand ($400,000) is the max... Mr. Luft: Fight. Commissioner Plummer:.,. that would make this project go forward? Anything above that, ;he project is dead? Mr. Luft: Anything above that, we would.., Commissioner Plummer: I mean, there has got to be something written in here... Mr. tuft: night. Commissioner Plummer:.., that says there is an "amen." Mr. Luft: That's right. .Above a hundred.., four hundred thousand ($400,000), you would have the right to wall., Mayor Carollo: So will they. Mr. Luft: I mean it might be four hundred thousand and five dollars ($400,005), in which case, you would say, "OK, we'll pay the five bucks." OK? And they would, too. And that's where we enter this gray area of... we don't know how much snore it could be. It cc uld just be a little bit more. So we give ourselves the room to settle that and go forward. But if it balloons to a multi -million dollar amount, then clearly, we're both going to walk. Commissioner Plummer: So four hundreds thousand ($400,000), as I understand it now, is going to be the max. Mr. Luft: That would be the max that we could agree with to allow this project to go forward, in any event, and those costs would be covered in that manner, and would be resolved. That's a pretty good cleanup. I mean, I have seen gas stations and fuel tanks that have been leaking for 20 years cleaned up for less thasn. that, OK? And we have never had anything like that up there Commissioner Plummer: Let nee ask you this question. We have been on this project now for over a year. It seems like forever, Mr. Luft: 'ties. Cornmissioner`Plummer: Why wasn't there some testing done in the interim? Mr. Luft: We've had conducted what amouat+ed to our own Phase I audit by reviewing historical records, serials and looked at use of the site. That's what a Phase I audit does. It doesn't drill anything into the ground. It just looks at the historical use. We've tried to do that. Clearly we don't want to, unless we feel we've got a real project with a real chance of proceeding, get into that area of drilling holes in the ground and discovering something, because then you are into a monitoring b DERM, and if you find something, they are right on top of you. So we don't want to go drill ng holes until we know we've got a good reason to do that. OK? Now I think we've got a good reason to examine it more closely, and this would be the proposal on sharing those costs. Mayor Catollo: Dr. Levine, would you like to add, anything else? 38 September 26, 1.996 Dr. lAvine: I think within the last 60 days, the engineering firm that's putting in the sewer system for the City of Miami, Elleanor Carney (phonetic), has done drilling on our side if the island, and its been negative, so. Mayor Carollo: 'Weil, 6.)ur hundred thousand ($400,000), 1 will accept that as my vote as a compromise, but what we are accomplishing also is that if we find anything, it is not like what we had in the contract before, and they will be responsible for paying the audit we will not have to reimburse them. Mr. L.uft: 'That's correct. Mayor Carollo: That's one of the things that I wanted to accomplish, and we have. Mr. Krongold: That's right. Mayor Carollo: ,any further statements, Christina? Ms. Cuervo: Would you like me to continue to go through? Mayor Carollo: If you could go through some of the others, I meant on this particular issue. Ms. Cum. o: OK. min, I want to state that, you know, I know the staff has worked very ha: ' on this, and some of things that I am going to bring up may be just points of clarification. They have looked at this agreement I think, a hundred, 200, 300 times. So sometimes there..., it's just easy for some of these things to slip through. But I wanted to clarify something that was stated earlier. We talked about completion of construction would be within 24 months. Mr. iKrongold. Right. Airs. Cuervo: It's actually 30 months from the possession date that's on page 23. Mr. Krongold: Fight. Ms. Cuervo: So; it is just a clarification. It's six months more, thirty months frown the possession date. The possession date occurs in six months, so the maximum completion for this project would be three years, .subject to unavoidable delays. Mr,. Krongold: That's 36 months. Ms. Cuervo: Three years. That's... Commissioner Plummer: Wait a minute, 30 months or 36? Ms. Cuervo: Thirty-six months, excuse me, which is three yers. Mr. Krongold: No, it says 30,.. Ms. Cuervo: It's 30 months from the. possession date, the possession date occurs six months... Mayor Carollo: Six months after. Ms.Cuervo:... from now when we sign the agreement. 39 September 26, 1996 Mayor Carollo: Yeah. Ms. Cuervo: So I just want you to be clear that it is 36 months total for completion of the construction from the date we sign the agreement. OK? Mr. Krongold: Right. Mayor Carollo: And for the first six .months, we are not getting paid anything, only when they begin construction. Me. Cuervo: No, sir. The — Mayor Carollo: Well, we need, to put it on the record. Ms. Cuervo: Right. Mr. Krongold: Fight. Ms. Cuervo: The rent commences with... on the possession date. Commissioner Plummer: Yeah. Ms,Cuervo: OK? And J.L., that goes back to what you had brought up before, which is, those are the six months that our conditions precedent have to be met; one of which is that the environmental notice has to be given on the property, saying it's clean. OK? Commissioner Plummer: Or we don't give them... we don't give them possession. Ms. Cuervo: Or if not, at that point, either one of us can walk. Commissioner Plummer: OK, Ms. Cuervo: OK.? mold on one minute. Commissioner Plummer: I have one other question, OK? In the terminology, where if thin thing doesn't go through, that they are entitled to be reimbursed some expenses, how does that fig:are into the first six months? In other words, I am assuming, to meet a deadline of 30 months construction, that in that six-month period of time, even before turning over the property for posession, they are going to be doing architectural, they are going to be doing permitting., So the question I am asking is, is the City in any way obligated, if, in fact, at the end of six months, we say no deal? Mr. Luft: I'm not even sure that's,.. He was trying to suggest that it wasn't the casts that are incurted in those; six months. It was the cost of doing the RFP. But I am not even sure that's in there. I don't think we... Commissioner Plummer: 'There is a provision in there somewhere about which .they have the right to be reimbursed for certain conditions. Ms. Cuervo: That was just for the audit that we discussed. Mr. Luft: 'That was the environmental tests. Ms. Cuervo: That was the environmental, and we've just renegotiated that. 40 September 26, 1.996 VON Commissioner Plummer: Only for the audit? Mgt. Taft: But we've just settled that. They have agreed to do that. Aga. Cuervo: Right. Commissioner Plummer: All right, It related only to the audit. Ms. Cuomo: Only to the audit. Commissioner Plu`ntner: OK, Now, what you're saying is that they feel that there is a provision for reimbursement on the UT? I don't remember seeing that. Mr. Luft: I don't... I don't... He just said he thought it... Ms. Cuervo: No. Mr, Luft: I don't... 'Nice Mayor Gott: Mr. Mayor. Mayor Camllo: Yes, Vice Mayor. Vice Mayor G,ort: My omderstanding is we have a disclaimer on all R Ps, that all the expenses is... Mr. I.u€it: Yeah, that's right. Vice Mayor Gort: The City has the right... Mr. Luft: In fact, if this deal is executed, they have to reimburse us for our cost of the RFP. . Ms. Cuervo: Shall I continue? Commissioner Plummer: Well, no. I am asking if, in fact - I think I would like to hear the answer - whether or not there is any reimbursement expected. Mr. Luft: No, no. t Commissioner Plummer: Well, excuse me. Mr. Krongold, are you acknowledging now there is no reimbimement? You were the one who said you thought it was. Mr. Krongold: Yeah. 'we've been... As I said, there has been a long, arduous negotiation on this lease, where it's changed, probably more times than I've ever changed any 'other document. And that one provision may have come out. I'd have to... I don't want to mislead you, but... I think it did come purr Mr. 'Luft: At one time, Commissioner, they were asking us to reimburse costs on m ads, and we said, "No, we are not going to that." ComanWioner Plummer: Yeah, but Jack, you have to understand, as the Mayor said earlier, we, 1 the Commission were never brought in or understood what was being negotiated.. aI September 26, 1996 _ --AbL—_ WW lid Mr. I..0 t: 0& well... Commissioner Plummer: The first I heard from the Manager was that he had completed a negotiation with the Parrot Jungle, and he felt that they had got a very good contract for the City. That's the first we heard of it. Now, after that, I keep getting drafts. Mr. Loft: Fight. Well... Commissioner Plurnmer: And the drafts change, and that's where, you ,know, I think we're on M, very precarious Xounds, is that he remembers one thing, you remember a different oe►� . Ms. Larw=. But C )mmissioner, that provision was deleted. That pertained to the sanitary sewer, in maybe the leaf... I5th draft. But it has been deleted. Mr. Krongold: I am up to 32 drafts on this contract. Commissioner Plummer: No, no. Excuse me, Ron. Ms. Kearson: Well, but there was under... In a previous draft, there was a provision which would allow them to recover their RFP cost if we had not completed the sanitary sewer. We have deleted that. We now have one very short paragraph on page 27 that deals with that. 5o what youamreferring to has been deleted. Not there. Commissioner Plummer: What he referred to, not me. Ms. Larson.: What he referred. Commissioner Plummer: OK? You know, because, I mean, he's the one who brought it up. Mr. Krongold: I was wrong. Commissioner Plummer: Well, you know, that's what makes for ball games. Mr. %uft: OK, that's on the record, Mr. Krongold said he was wrong. Commissioner Plummer:, Well, I don't evert know why that was even considered, because what I read into this contract is that if we, the City, have an obligation to provide sanitary sewers and we don't do it, we, at our cost, have to put in a temporary line so they can get their M (Certificates of Occupancy). go, why would there have been a reimbursement? Mr. L:uft: Understand... 'Commissioner Plummer: '3'hat don't make any sense to me. Mr. Krongold: Understand that some of those drafts, were their drafts that they gave to us befogc we could change it, Oil? And it goes back and forth. go you may have picked up a draft ,that was their vemion before we could respond and negotiate it. But we've never agreed to .that. It's not in here. Commissionor'Plummer: Jack, you have no knowledge of any tanks, or any other possible contamination on Watson Island? Mr. I.uft: No, sir. 42 September 26, 1996 Commissioner Plummer: Off. Mr. Luft: On the north side? I've already mentioned the ones on the south side, the aviation and the marina but.. Cb missioner Plummer: Yeah, I understand that. But, I mean to your knowledge. these is nothing that we are looking at out of left field. Mr. Luft: Right. No, sir. The comfort factor we have is that there really has only teen public use of the island. lbe. State has constrained us, as we well brow, about lees and developanent on that island since 1949. Any of the projects built or used since basic -ally the 60s would have had environmental monitoring to theta. Most of the contamination we have... problems we have in this City date lock to the 30s, '40s, '5N, when there were virtwilly no environmental rules. ne Department of Environtnental Protection wasn't even created then. And that's whets you get into problems, when it was privately used lamed. That was the issue on Biscayne Boulevard at the Port project, the old gas stations, Belcher Oil tract. Commissioner Plummer: All right. Mr. Luft: Those were never there. This was all made land, clean fill, park use. Mayor C:'arollo: CUstina, go ahead, Commissioner Plummer: Go ahead. Ms. Qwruo: Off. We'll move on to... The next section is section 5.4, which... Commissioner Plummer: Page? Ms; Cur„Tvo: Page 31 and 32. And this is... actually, excuse me. Let me... We can go back to the vent, which star on page 28. At this point, the staff will incorporates the recommendations made by the Mayor and the Commission, to terms of increasing the minimum. And I guess 'we still need to cla4y the deferral, if the proposer accepts that. So that's something that we'll leave to the eDd of this meeting? Mayor f., vollo: Well,, from my understandin& and my conversations with the develop, yesterday, the''minimum. rent he accepted to every ten years is that it would be loom. four hundred thousand ($400,000) the timt 10 years to five hunch- :d ($500,(IW) the next ten, then six hundred ($600,000), seven hundred ($7€ 0,000), up to eight hundred thousand ($800,000), theta, in the last 45 years. 1 . Gurvo: OK Bo we are going to go ahead... Commissioner Plummer: But the percent... Joe, the percentage would stay the same. Mayor Caaollo: Well, the percentage will stay the same, but we want to make sure that if... Commissioner Plummer: Whichever is ,greater. Mayor Cttollo:... for any reason his numbers are off, that we are going to have s mi.nitaaun rent. Ms. Cuervo: Right. O % we'll go whead and incorporate that. Then you go on to page 31 and 32, which is the adjunineat to the minimum annual rent, in the event of an extension. The way that Clause :5.4(d) reads, it had allowed for a decreatise as a result of the appraisat1. "e... 43 September '26,1996 t .7l 'IIU prtVmr has apv4 and he will state it on the record, that at no way w➢I the minimum rent decme fmm flue prior year's rent at the time of extension. Therefore, at a minimum, we'll get exactly what we wem getting the prior year, in the event the appraisals gene in showing a cower rent. Mayor Qrollo: Well, but we did away with the appraisal part. She had discusaed that yesterday. Ms. rvo: Kitt, OIL Ms. Kearson: We did the... Mayor Carollo: Unless the Commission would... Ms. Kearson: No. You agreed to... that for the 45th year. you would leave it as it is. Mayor Carollo: Yeah, for the 45tta year. Correct. Mr. Kearson: 'Yeah, on all... right. Mayor Carollo: But instead of doing these appraisals every ten years, we were going to be going with a CP1 increme. Mr. Luft: Might. Ms. Kama: Well, we never had appraisals for the initial terra. We would not conduct an appraisal until the 45th year tr) determine the amount of rent for the extension. Mayor Carollo: We had discussed on the 45th year. Ms. Kearson: Right. Mayor Carollo: But the way that it was worded before was that every... Well, I'll read the wording, "Thereafter, minimum annual rent to be adjusted every tear yeams, based on an appraisal of fair market value." Ms. Kearson: ,Right. Mayor Carollo: And that was the question. Who is going to do the appraisal, at what cost, and who was going to determine what ims the fair market value? Whether... So if we went with a Cpl increase, togeLher with... including tint there would be a minimum rent increase every ten years of a hundred thousand dollars ($100,007), we felt that we would have much more of a pamntee then by going the wavy that they wede presenting it. Ms. Nmrson. That's correct. Mayor Carollo: But again, this is up to the Commission to decide which way they would like to go with it. Commissioner Plummer: Weil, what was agreed upon? Mayor Carollo; Well, the developer agreed that we would do away with the i~a.ir market rent appraisal every ten ,years. Ms. Kemp: Bight. F Septemb x 26,1996 W Commissioner Plummer: And? Mayor Carollo: And instead, we will put the CPI index increase every ten years to go by. We would still have the percentage rent of five percent of gross revenues of sales up to twenty million ($20,()OO,OW), six percent in excm of twenty million ($20,000,000). However, at no time can the. rent go below four hundred thousand ($400,000) the first ten years; five hundred ($5KO ) the nears ten; six hundred ($6W,000) the ten after, that; seven hundred ($700,000) the Lett after diot; eight hundred thousand ($500,+000), the five after that. Commissioner Plummer: OK. So in other words, you use that rather than the CP1. Mayor Carollo: Well, we use the CPI and we use this, whichever is greater. Ms. kCmwn: Use bath, use both. Whichever is greater. Mayor Caroflo: %ichever is greater. Ms. Kearson: Whichever is greater. Commissioner Piummer: CDh, OIL All right, all right. Ms. Cuervo: And Mayor, what. I'm bringing up addresses the extension term. So it would actually continue what you're recommending to proceed forward. Because right now, the way it was written, it didn't... It could have allowed for a decrease in the annual minimum resat. The proposer - we've just spoken - has agreed to take this out, and this is something else I was highlighting. Mayor Carollo; Well, that has to be taken out. M.S. Cuervo: It is. Mayor. Carollo: Because otsherwise, we would have had a conflict, with one part of the contract saying one thing, and the other part, another. Ms. Cuervo: Right. Exactly. Exactly. Mayor Carollo: So it has to be clearly, clearly written that tbe minimum rent will be the ones that we just stated, but it could be higher, based either on two other factors. Either the CPI index increase, or the permntage of gross', whichever would be greater of the two. Ms. Cuervo: Exactly. On page 40, on Section 7.2, I know this is something we would like to discuss, and this addresses some of the neighbors' concerns, where Section 7.2 talks about good faith efforts, in terms of implementing... I guess the parameters that are recommended foa mitigation of impact on the adjacent residential areas. We'd like to change that language to "best efforts." And the Law (Department can speak as to the legality of how much stronger that language is. Commissioner Plummer: "Best effort," rather than "good faith," is that it? Is that what yo►e're changing? Ms. Cuervo: Yes. Ms. Keamon: Rather than "good faith efforu," right. We're going to make it, "best efforts." And while they are both legally enforceable terms, we feel that "lit efforts" give greater... 45 September 26, 1996 - Mr. Luf¢: They're... That's... I was just speaking with the lessee. 'That's a substantial change, fmrn their standpoint. Ms. Cuervo: For them, OK. And that's something that the neighbors are going to bring up, So we wanted to bring it up. That was our attempt to try to compromise, but apparently, the proposer is not in agreement with that. Commissioner Plummer: Well, excuse me. It's a major change. What is the difference between "good faith" and "best effort"? As I understand it, neither one of therm are mandatory. Huh? Mr. Krongold: The "best etTbrts"... Commissioner Plummer: Yeah. You try. Mr. Krongold: No, it's more than that. "Best efforts" intends that if you have to bring lawsuits, you bring lawsuits. If... You use whatever financial abilities you have to do it. You must do it, OK? It's different than "good faith." "Goad faith effort" means that you... It's a lower requirement, and it's still substantial. It's a significant requirement. You have to use a good faith effort. But it... And if you don't, then they can say it's not a good faith effort. "Best efforts" goes to the next level, which says that you have to expend money, and you have to bring lawsuits, and so forth, and so on. It's all... It's synonymous with "You must do it," OK? .A.ndL you know, the thing is that anybody can come in when this is going to be a lease of record. Commissioner Plummer: Linda, do you agree with that? Ms. Kmrson: I agree. But even with a ood faith effort stanci.nrd, we could legally enforce that. We can still determine what are some o�jective means by which they should have put forth this effort. But we don't want this Commission to feel as if they have no obligation to do this. They do, in fact, have to exercise a certain degree of effort to make sure this ir, accomplished. So we could still take therm to court, even under a good faith effort. We could still say that the lessee has not complieA with the provisions of this contract. Commissioner Plummer: What is the Administration recommending? Are you comfortable with the "good faith"? Mr. Luft: We are. That's why we recommended it. 'Yes. Ms. Cuervo: Exactly. Mayor Cerullo: Well, you're recommending "good faith" instead of "best effort"? Ms. Cuervo: No. "Good faith" is what's in the agreement. We, in an effort to try to reach a compromise with the neighbors, we thought that we would recommend "best efforts." However, the proposer has objected to that, and that's... We wanted to raise it, because it's an issue we know that you're going to face when you hear the public now. But our Law Department is telling you and us that we can enforce this good faith clause, and therefore, that's why we originally were comfortable with it. Commissioner Regalado: Can we not use... Commissioner Plummer: Well, I got to tell you, I didn't... Commissioner Regalado: Excuse me. 46 Septemtx .. 26, 199h Commissioner Plummer: I didn't think there was a difference. Commissioner Regalado: Can we not use wording raying, "According to the opinion of an expert"? Mr. Luft: Independent engineer testimony that they have used good faith for acoustical monitoring for control of... Yeah. OK? Commissioner Regalado: Yeah, but besides... But besides "good faith, best effort," can we not... Mr. Luft: Right, right. You want... In fact, you want an arbitrator to come in and took at this independently .and sag that... Commissioner Regalado: No. Mr. Luft: ... they have used that face to solve this. It may not have been a hundred percent, but it was with... Commissioner Regalado: It has to be the opinion of an expert in acoustical. Mr. Luft: Right. Go ahead. Mr. Krongold: Two things. And one thing is unfortunate that, as Commissioner Plummer said, that we couldn't have had all these meetings and all these negotiations all together, because this specific... theses provisions with regards to the neighbors, this is the provisions we're talking about. I mean, if it had been our choice, we intend to be good neighbors. But every word that you put down on a page is subject to interpretation. .And if you have 10,000 neighbors, all you have to have is one bad interpretation, and you're thrown into a tumult with a project that's going to cost us millions of dollars. Therefore, the staff, your legal staff and your professional staff employed us and has taken, step by step, and moved more and more into the lease. In fact, a good example is this 65 decibels. So we've moved an awful long way ". m where we started. I think..: I just want to point that out. The other things is... And we met with the neighbors. The other thing is that the lease provides for arbitration. If we are not complying, or if somebody thinks that we're not complying, then they have the right to bring this particular issue to arbitration. Arbitration is quick, The reason it's in here is because it's swift. And now, if an arbitrator... And I assume that the arbitrators... The arbitrators are allowed - not "I assume" - the arbitrators are allowed to bring in experts and to hear the testimony of experts. go therefore, if we're not complying with what's within this lease, with those specific terms, and other terms, also, then they can come in and say, "Look, you didn't use your good faith effort, and you must do it." And if we, don't... Ms. K.earson: I just want to clarify that it would be the City of Miarni And the lessee who would go to arbitration. We will not have neighbors or anyone else deciding if we are to go to arbitration on this. I want to make that perfectly clear for the Commission. Mr. Luft: Yeah. OIL Commissioner Regslado, to your point. We did not start out with the requirement for an scoustirAal engineer and a lighting engineer. It was the, suggestion of the neighbors that this lessee incur the cost now to bring in those experts to advise the City on how to do this correctly. We agreed that that was a good requirement. We put it to the lessee, and ,trey acotpted it. What we will have as a part of all of the construction documents at the beg acing will be reports from an acoustical engineer and a lighting engineer that will spell out exactly what is to be done and why, according to en*ineering standards. 3o we'll be beginning this pis with a substantial amount of expert testimony and direction, which is what you're 47 September 26, 1996 seeking; not just staff deciding, "Sell, this would be nice," but an expert saying, "This is what you should do to correct and solve this problem within these parameters of noise levels." 7 bat will be can the record. It will bepart of the construction documents. If we have an issue that arises, we'll go back to that standard, and with a good faith effort, review them. Now, what I think* you want to see is that a professional acoustical engineer or lighting engineer would be brought back in to make those recommendations to the City on any adjustments that would be needed, So I think we may add some language that adds, "Should adjustments or aeaomWations be needed beyond the approved construction plans, the City will require the seMoes of an engineer at the coat of the proposer." Commissioner Regaslado: But what I said is that... or what I meant is that if the neighbors are not comfortable with the phrase, "best effort" or "good frith," if the developer does not want "best effort," how or why don't we, just in the wording, say, well, "acc ordin to an eWrt, acoustical expert"? %i'ch, I guess, it will be comfortable for the neighbors, and leas been accepted by the developer, that the decision or the opinion of an acoustical expert will be included in the wording, Mr. %uft: OK I don't have any problem with that. Ms. Kearson: I don't have a problem with that, either. I mean, because what you're saying is that in compliance with an... Commissioner Regalado: In compliance, in compliance. Ms. Keatson:... evaluation by au architect, acoustical, the developer will make his Lest effort. Commissioner Regalado: Yes. That's what the neighbors wanted. 'That's what the developer agreed. Ms. Kearson: I don't have any problem. Yeah. I don't have any problem with that. Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Mr. Vice Mayor, go ahead. Vice Mayor Gort: My understanding, in reading through this document, 7.2., is all of the things you need to do in order to construct this, I think these are the things that you have to do, and it's spelled out in specifics. What I would like Jack also to explain, because the question has been asked ro tne, a lot of people are not aware of what a class one permit is. So... Btcause we talked about four events a month, and then additional events with a class one permit. So, Mr. Mayor, if you don't mind, I'd like to ask Jack to explain so the people can understand what a class one permit is. Mayor Carollo: Of course., Mr. Lu't: A class one permit is a special event permit that is issued by the Administration. There is a limit on those. For private entities, I believe it's ten a year. And for the City, on City properties, it's 20, if it's our permit. Unidentified Speaker: Two per year. Mr. Luft.: Two per year? No, I believe it's more than two for a class one penrnit. But there is a deffrnitive limit on class one permits. ,For instance, if the City was to have an antique fair by an operator on the open areas around the Convention Center, and we want... that would requim a 48 September 26, D 996 ail class one permit. In the discussions that you had in the past about parking for special events, say at the Orange Bowl, that would be a class one p�rtnit, to use any of those grounds, for filmcrews, for shoots of that sort. So what we're saying is that if there is a special event which is... maybe a convention comes to them, on their property, inside their program, that they would be entitled to four of those. If there was anything additional that fit the definition of a community event that the City wanted to consider or have the ability to consider - we may even request it of them - that would be a clasp one, and I think we would be limited to ten a year. I really think that's the number, because that came up in this other parking discussion. But we wanted the ability, primarily, for the City to be able to say if there is a special event - the Pope comes to town, the Summit of the Americas or something conies up - and it constitutes a fifth event in the month, and we wanted the ability to do that, We warted to preserve our right to do that, but subject to a permit procedure which could establish particular kinds of regulations or pars. meters for it. This is going to be a long time. It is going to he 60 years, and we cannot foresee, month by month, the contingencies that may arise. So you have to have some flexibility, because this is serving our community, and the community at large wants the ability to use some of these things. But there has to be a limit, and the class one gives us that limit. Commissioner Plummer: Jack, I've still got a problem on the noise. Mr. Luft: On the what? Commissioner Plummer: On the noise. Mr. Luft: On the noise. Commissioner Plummer: OIL? And I'm losing... in the interpretation that you're going to put them under a restrictions of 60 decibels... Mr. Luft: A standard. Commissioner Plummer; And yet, you're telling me that the traffic on the causeway, itself, is 63. Now, how do you measure what's theirs and what's the... I don't see a real definitive way of monitoring. And why are you maquiring there to be three degrees less than what the traffic on the road is, ifthe. traffic on the road is going to be going over to the Venetian Causeway? Mr. Luft: Keep in mind, the traffic decibel readings were daytime readings, when the traffic is the heaviest. And the daytime decibels for the project are 65. OIL? Commissioner Plummer,: Daytime what? Mr. Luft: Daytime, is 65. Nighttime is % The traffic noise does decrease in the evenings. I don't know....I don't believe it is 63 in the evenings. It's less than that. Ott? Mayor Carollo: Well, it depends on what time of the evening you're taking that... Mr. Luft: Right. Five to seven p.m. in the evening. Mayor Carollo:... and what day of the week. Commissioner Plummer.- Of the week, yeah. Mr. Luft: Right. My concern is... Mayor Catollo: Weekends, with the traffic going to South Beach, I'd be willing to bet it's even higher than at daytime sometimes, 49 ,September 26, 1996 Mr. Luft: Yes. Commissioner, I'm trying to give you the best advice. The other concern tha► I have is that we know there's it port tunnel proposed, and we know that port tunnel, coming t-.) Watson Island, is primarily for tricks hauling freight in containers. T'hem's going to be is long upgrade coming up that island to the bridge, and up the bridge, from a minus 60 to a plus 65 feet. I amot predict today that truck traffic coming out of that tunnel on that upgrade, lines of trucks aren't going to, in fact, increase this above 65 decibels. It's reasonable to assume that that may, in fact, occur. That's why I'm reluctant to put a shall��or even a best efforts, because when you're trying to measure the sounds and those ambient levels go over that, then the proposer, himself, is exposed. And we don't want to risk shutting dawn a project because of the inability to distinguish between the sounds. 'What we're trying to do... And I think the residents' real concern here is, say, one in the morning, when we're not going to have, in likelihood, any real traffic noises out there, they don't want a rock band playing out there to some unusual hour. You can measure that sound. Mayor Carollo: That's really the bottom line, Jack. Mr. Luft: You can measure that sound. Mayor Carollo: Yeah. That's really the bottom line. Mr. Luft: 'That's really the bottom line. If you're within 60 dBs (decibels) after ten p.m., you have met the City's most stringent noise requirements for noise -sensitive zones - next to a hospital, for instance - and that's what we're asking them to meet after ten p.m. And you should be able to measure that and determine that in the critical hours when they want peace and quiet, and restfulness, and let us sleep at night. OK? ,And that's the standard we've provided. It's the toughest standard we could give. And they're going to be required to do good faith, and our attorney has said we can enforce that, and we can enforce it through arbitration. And the Commissioner has asked for acoustical experts to intercede in that determination, as well. So we'll have that there. But, you're right, Commissioner, an absolute requirement, a "sh :11," a cutoff, a drop dead number, given the range of things that are occurring on that island and could occur in the future, is a standard that, I think, puts this project and the City's investment in this project at substantial risk, unfairly. Mayor Carollo: Well, I'm in agreement with that statement. And I think that the wording that we have .now is reasonable. Commissioner Plummer: It's such a gray area. That's the noise problem. You know, I can see the lighting problem can be addressed easily. You just take the lights from the north and point them south, primarily. But the noise level, even if you take the amplifiers from the north and face south, there's still going to be some amplification from the amplifier. Mr. Luft: Yeah. Commissioner Plummer: Jack, I just would hope... I'm not trying to cause them problems, or us problems, or them problems. But I just would like to have something, if it's possible, more definitive so that the neighbors say, "Hey, he went to 61 and a half," and he said, "No, I went to 59.5." ,Now, you know, I heard you say that the present level that you registered down where he is now is 55. Did 1 hear that correctly? Mr. Luft: The present level today of amplified events measured from the perimeter of the property during show time is 55 dBs. Tb3t's the way they run their business. Commissioner Plummer: 01C Ir just... 50 September 26, 1996 WON Mr. Luft: ,And the fact is, we're doing a botani4�al garden. It is not In their interest, for the 11 denc a of their visitors, or for the animals within the site to be having rock concerts all day long and night. It destroys the very reason people go there. They want the solitude of the lmautiful gardens. They don't want to be listening to Pink Floyd. OK? And that's why this... Commissioner Plummer: How big is the amphitheater? Mr. Luft: The amphitheater is a thousand seats. Now, there's been concern expressed that today, it's 500, and then it's going to be a thousand. That means it's a doubling. go reasonable people might conclude that, that's a doubling of the sound. Commissioner Plummer: Well, let me :tell you... Mr. Luft: What that really paeans is that if the amphitheater is this wide with 500, and you widen it to this wide, you get a thousand. But the distance from the stage to the back seat is the same. Commissioner Plummer: Jack, you're not going to have any... Mr. Luft: The amplification is the same. Commissioner Plummer: You're not going to have any rock concerts, because a thousand seats or 1500 seats won't pay for a rock band. OIL? Mr, Luft: Well, it doesn't work. It doesn't work. You're right. Commissioner Plummer: Yeats. Hey, but I just think that for their best effort, theirs and ours, it there's some way of being more delineated in this terminology .so that we don't have... I can see this is the "bugaboo" in the future, OIL? That it's got to be more clearly defined, in my estimation, for everybody's protection. I'm not trying to create for the Parrot Jungle a problem. I'nm trying to eliminate a future problem. Mr. Luft: Right. We agree completely. What it really does, Commissioner, is it puts them, hi terms of decibel levels, in the same standards that the rest of the City is in. And we're administering this noise ordinance and this nub-ance control Citywide. We seem to be able to deal with the issue. If a problem arises, we go out, we inform the violator, and they correct it. And that's what would happen here. And it's... That's why I say, there's no absolute guarantees, but at least we have a standard, and we have a way of addressing it. And it does require gel faith to do this. Mayor Carollo: Mr. Vice Mayor, go ahead. Vice Mayor Dort: Let me ask you a question, Jack. On. the boat ramps, do we have any specific hours that people can use it, or they can use it 24 hours? Mr. Luft: Well, normally, our parks close at sundown. OK? Vice: Mayor Dort: 3o they can't? Mr. Luft: And it is... We knew people come back by boat late at might, and they do at Seminole Boat Locks, And I can't say from firsthand experience how they run that out there, but my understanding is, is that the park doses at sunset, in the dark. Commissioner Plummer: All City parks close at sunset. 51 Soeptember 26,1996 L J W Mr. Loft: Yeah. Commissioner Plummer: All city parka close at sunset. Commissioner Regalado; If I can add to the Vice Mayor's question. Willy, a lot of beats cakrrnr at night, and there have been some robberies of trailers in that area, because them: is no light ovtr there. And I've been there for two Sundays talking to the people, and they complain a lot. And I can tell you that more than half of the boats come Just after sundown. Mr. lLuft: You had mentioned this earlier, and I told you — Commissioner Regalado: 'Yeah. Mr. Luft: ... and I have brought it up to the Parks Director, that security lighting is important. I mean, when you're in shrimping season and people go out at night, you know, that's a popular boat ramp. And we do need to upgrade the lighting. But I think that"s a marks Department question. And as we rebuild the roads and we rebuild the lighting out there, I think we can tie into that project and get a fair price, and do the right thing. Commissioner Plummer: Jacky on that same vein, using Seminole here. Mr. L.uft: Yes. Commissioner Plummier: On Saturdays and Sundays - and I mean, it's not every Saturdiy and Sunday - but when crawfish season and some other special... You don't have anywhere new We don't have anywhere near the adequate parking for trailers, and car and trailer attached, an you've gat those things parking up into the bank, you've gat them up into Cornelia Drive. is them: a certain amount of designated parkin at the ramp on Watson Island? Are there "X" number of spaces guaranteed? There is snots What have you said to that, addressing that factor? Mr. L.uft: DID.. What... 'The problem we have on Watson Island is that today, there are no curbs on the roads, there are no barriers on the roads, and people gust drive off the road and park all over the island. So the island Ls one brig grass parking lot. So today, it's a relatively easy issue to solve. We just let them park all over the island. What we're going to have to do, and this has to be understood and effectively dealt with, is that we're going to have to control those road edges in the future. ;Because what we don't want visitors to Parrot Jungle to do is to drive over there, avoid the cost of parking in the garage, and park, on the park land, like they've been doing for SQ years. We're going to have to control those edges and have defined parking areas, and like the County does at Matheson. and at Bear Cut, is going to have an improveA paved, Properly drained - and this is environmental issues, as well - parking area, specifically set aside for trailers. That will be a controlled lot, there probably will be a fee, and it will be run by the parks Departmem We are going to size that parlarig lot as New we can to meet normal dezY a nus. Dunn slrirnnpirig season, I s ata't tell yoae. but this Commission could say, for instance, to tl�@ Parks l7arriment t�tat, "We would like you to nrnake provisions during chose special seasonal times when there's a lot of night traffic." May there's a big regatta or an event at a club, and they've gut a Huge crowd, anal � ey avant sarxee. 'i' here's enough grassy areas between the yacht club sad the boat ramp tkrat you c ould re a chain or a pole, and allow people to pink in there on those special cso=casious. We've preserved that for open space, for people to enjoy the shoreline, and for green space. It does give us the flexibility of using that or overflow in those times. And that's a management question the Parks Department could a►ddrm. So we have that flexibility. Co mnimloner. Commissioner Dunn: 'Yes. I have a question for Madatn City Attorney, Inn Article 421 1 and 2... 52 September 26, 1996 rye { .,fix y�h Am a41 � TIPfi Commissioner Plummer: What page? Commissioner Dunn: Page 105. Ms. Kearson: Yes, sir. Commissioner Dunn: booking at the language that's used, where it talks about minority and women participation, that really doesn't satisfy me, in terms of any type of guarantees. The language is kind of loose, if you ask me. Is these an yy way that there can be some guarantees or atipuititions that is s lled out, perhaps, maybe blaclr, Hispanic, women, and other minorities? Bwause too often, if you say "minorities," you can hire, perhaps, one person out of that minority segment and then you can say that, We have satisfied the contractual agreement." Is it possible that there can be some language that deals specifically with blacks? I don't know how far we can go with that. And In speaking to that light, I wanted to make mention of the fact that does Mayor and this Commission, on last week, demonstrated courage and leadership when they said specifically, we wanted to have representation. I believe that them is a new City vision, there's a new image that we're trying to project in the City of Miami, We're taking bold steps to show fairness, equality for everybody, and I wonder, how can we ,het some type of guarantees? Because we had a conversation on yesterday, and I hooked at the past record- no reflection - but the past record of Parrot Jungle, and I was not pleased with its hiring practices as it related to blacks. Into reflection, but I was not pleased. And I'm wondering, how can we have some type of guarantees that we can have fair representation? Ms. Kearson- First and foremost, the lessee has to comply with the City's Minority Procurement. Ordinance. Now, bear in mired, sir, that ordinance requires him to make a good faith effort, again, to meet our 51-year goal of including minorities, including Hispanics, females and women in all of its contracting. "'Contracting" means as far as construction, as well as subcontracts on the site itself for restaurants, or what have you. If you want to have a set -aside, a specific set - aside, then we run the risk of a challenge. We could not require this developer fairly to have a specific amount, but if this Commission wanted to negotiate that with him, and he voluntarily agreed to have a program which would detail how "minority" is to be used, we could certaird.y include Chet in here. But at this point, if we impose that on him, we are. subject to challenge. Commissioner Iaunn: Right In light of what has happened in recent days with the County, OK... Ms. Keaison: Right. Commissioner Plummer: Yeah. Commissioner Dunn: But I just, for my sake, ran some nurnbers, Based upon Phases I and II, we're talking about a twenty-six point three million dollar ($26.3 million) investment. Ms. Kearson: night. Commissioner Dunn: And I just loomed at it from a 17 point,.. a 17 percentage point. W. Kearson: Well, might I Suggest, t, sir, that we have the lessee come forward and articulate to Ehe Eifel Commission what he said to you on yesterday, with regard to his intentions of utilWrig minorities, .Ifispanics, Blacks and women, in his program? And in so doing, we can incorporate dist in this doetumea Commissioner Dunn: I certainly would appreciate that. 53 September 26,1996 Pl9 Ms. Kearson: For the record. Commissioner Plummer: As long as it's voluntarily done. Mayor Carollo: Dr. Lavine, can you come up, sir, and state for the record, if you would... Dr. Lavine: Yesterday, I met... Mayor Carollo: ... what you'd be welling to offer to this Commission, that you would volunteer to offeer? Dr. Lavine: Yeah. "yesterday, I met with Commissioner Dunn, and he brought that rAme question up. And we discussed this, and we discussed the number of persons that are minorities that work at Parrot Jungle, and it's around 86 or 87 percent, that's Hispanics, blacks and women. And so in the constitution of our own employment, we're way up there. I did explain in the area that we're presently located, that we probably only have about eight percent blacks, or maybe nine, den percent blacks. But we have no bus- situation that comes out there, so that they rAn't really get there, and it's not an easy area for them to really drive into to work. We are going to be in the, City of Miami. We're going to be a partner of the City of Miami. Our contractor is Harrison. They're in Liberty City. And so we do plan to do as much as use can possibly do in using not only Minorities, but enforcing, and trying to reinforce that we will be ring our neighbors that will be surrounding our present location to the west and northwest, and that would be the black population of the City of Miami. Mayor C arollo: Can you give this Con_mnission something in writing that could be inCoq=atf.d into the contract that will satisfy the concerns of the Commission, and will also satisfy your concerns? Dr. Lavine: Well, Mayor., I don't know. We tried to pant in there a lot in a few words. But what we're trying to... As long as... Well, they have this in the lease. As long as we... Even under Equal Opportunity, we've said that. And we're going to meet all City and government standards. As your own attorney said, 51 percent, they expect 51 percent of our contract to be issued to minorities, and we have already agreed that we're going to abide by all the different rules, and laws, and regulations of the City and the State, and so forth. Mayor C'arollo: Madam City Attorney, would it be correct to stipulate in writing the law of our! City, and incorporate that in writing as part of this contract? Ms. Kearson: 'That's correct. We, in fact, will do that. And if you want to add that as a part of a procurement ordinance, you require an affirmation action plan be submitted. In the RFC' (Request for Proposals), it was also required. So he understands that is a requirement. Mayor Caroller: OK. Dr. Lavine: It's already set in there, Mayor., I mean, so we are... Mayor G.arollo: Well, it is, but it's not. Ms. Kearson: Fight. But we; will clarify it further in this document. Mayor COON: Yeah, And I think by doing that, it will, I think, be in the best interest of your project, and it will clearly stipulate what the intention IS of the City of Miami, Would that satisfy you, Commissioner? 54 September 26, 1996 Commissioner Dunn: Yes, Mr. Mayor. Mayor Carollo: 'fiery good. Oommissloner Dunn: Thank you. Mayo. Carollo: 'Thank you. Ut's move on. Ms. Cuervo: Mr. Mayor, the Administration has no further comments. Mayor Carollo: Christina, i?IS, I'm sorry. I fully intend, every if we have to IV, over the noon deadline for lunch, to let the neighbors speak. I just wanted to get as much as Ave could on the rowrd so that before any of you had the opportunity to speak, you could have heard it all, and not piecemeal. Do you have anything else? Ms. Cuervo: No, sir. Mayor Carollo: DIC. Well, let me go back to one of the. original requests that I made, and that is that we want to receive our rent money for the fast and the second year while the project is under construction. And this is a call that Dr. Lavine has to make, not his attorney, not our attorney, not this Commission. It has to be his call, if he is going to be willing to pay the City that or not. Dr. Lavine. Dr. Lavine: Parrot Jungle sympathizes with the City of Miami, and I would like to reiterate once and for all that although we may not have a consensus, especially you and 1, on what is a normal deal, in the real estate deals and some of the different leases and purchases, always, we would get a period of time for build -out where no rent, whatsoever, would even be charged. In this case, the City was always charging rant. It was a matter of us owing it and deferring it. We will pay the rent yearly. So at the end of each year, we'll pay the two hundred thousand ($200,000). We'll agree to go ahead and do that. And we do appreciate the circumstances that the City is in, and we will do our best. I also would like to bring up, initially, when the RFP wras produced, this piece of property is Ming the City between a hundred and two hundred thousand dollars ($100,000 and $200,000) a year to maintain on that side of the property. So we are going to give relief, as soon as we take over, of another hundred or two hundred thousand a year ($100,000 or $200,000). So the City will be saving a couple hundred or four huns dred thousand dollar:► ( iO,000) more. And we hope that we will be a great partnership in the future. Mayor C4rollo: I'm sure we will be. And I thank you for agreeing to that, Dr. Iaviae. Any further statem: ents or questions from anyone in the Administration? Any further statements, or comments, or questions at this point from anyone on the City Commission? Commissioner Plummer. The only question that I have, Joe, I think we need to establish on the record "payment in lieu of renO I think that needs to be, becau.Se until I met with the developer, the lessee, I didn't understand it. And that is in reference to the eacicting facility being sold or transferred. Mayor Carollo: That's correct. Tluat's correct. I had a long discussion with hire on that same subject yesterday. Commissioner Plummer: Right. Mayor Carollo: Basically, what we're doing is, we're leaving in the contract - and our City Attorney can clarify this more - we're leaving in the contract the possibility in the future for the 55 September 26,1996 developer to came back and discuss some additional options to this City Commission, options that, lwe's been quite open, will benefit him tremendously, financially, but at the same time, could be of great financial benefit to the City, possibly. Mr. Plummer: Absolutely. Absolutely. Mayor Carollo: But that will. be a decision for this Commission to make, if and when that would ever happen. All that we're saying is we're going to give him the opportunity to come to ens and describe to us the possibilities, but we will have the opportunity to make up our minds thews. And we're not agreeing to agree to anything at this point in time. lbs. Kearson: That's correct. And in evaluating whether it's a g(x)d proposal, it is within your sole discretion to do that. Mayor Carollo: Exactly. We had agreed on that, that we would include that wording. Ms. Kearson: And we will modify the lease accordingly. Commissioner Plummer: OK Mayor Carollo: Our sole discretion. OK. Now, if I could see the hands of how many people there are in the public that would like to speak, and the rest of the Commission on this matter. I see about seven or eight individuals. OK. Can you all start corning up? Somecould come over here, some over there. I'm going to limit each person to two minutes. Now, if you have someone that has been preassigned that will... that is the president of one of the neighborhood amociations, or another group, then I will give you more additional time. But any additional person, I will limit there to two minutes, unless they're president of a neighborhood association, or heading a particular group of residents that will be affected in that area. Before anyone begins to speak, if they can give their names and address for the record, And we'll begin with the left side, then go to the right, and back and forth. Go ahead, sir. Mr. Jeff Kaye: OK. My name is Jeff Kaye. I'm president of 1000 Venetian Way. 1000 Venetian Way is located directly across from the new site of the Parrot Jungle. We are the closest people to that site. First, I want to say, we're not against the Parrot Jungle. We consider them to be, you know, really, something that could add to the community, not take away from it. Our only concerns... And I'm going to speak on just one of the concerns, bemuse what we have done is tried to make it as simple for you guys as possible by not shooting different things at you. The 'first concern we have, the one I'm going to discuss, is the time frame. Presently, the Parrot Jungle is open, I believe, from nine in the morning to five -thirty in the afternoon, In the new lease, it ddcesn't specify at all when it's open, as far as to the general public., as far as every day doing business. And in particular, really, the most important thing is the special events. 77hat was .not addressed by anyone here, as far as time, decibels, anything. Special events. Now, I did hear that there aren't going to be any rock and roll concert% or something like that, but special ,events, frankly, falls into a... you know, a very nebulous category. It really dues. Mr. Lavine does not want to pint time restrictions on anything related to special events or opening and closing of the Parrot Jungle. We propose the daily operations should end at ten o'clock in the evening, and special events at eleven. Now, according to a proposal in the lease on page 41, Section 7.1, in our opinion, should read, "Provisions of Subsection E do apply to special events." It seems that in the 14. w, it says "do not." And that concerns decibel codes and all that. It does not say in there, I have to emphasize, anything related to special events, Now, I just want to say one thing, and I'll be gone. All of you work very hard. I mean, you have your own jobs, you work for the City.- You have a long day. You have to meet with people litre us, OK, Hnd that's probably pretty wearing. How would you like to be corning home, and at eleven o'clock or twelve o'clock at right, heating "La Camera." I believe it's "La Cantarina," the new song, OK... 56 Sep -ember 26, 1996 Unidentified Speaker: "La Macarens." Mr. Kaye: ... booming away at you? I don't think you'd like that, either. And with special events, we don't know whether it will be on at one in the morning, eleven o'clock, whatever. I think, being m good neighbor, they should take that into consideration. Thank you. Mayor Carollo: Sir. Mr. Pedro Capo: Mayor, Commissioners, my name is Pedro Capo. I live at 1390 South Venetian Way in San Marco Island. I just want to remind you that San Marco Island and Biscayne Island, even though it's in the Venetian Islands and in the causeway, are the only two islands that belong to the City of Miami. The Parrot Jungle, first of all, is a very welcomed sight to have acrm the waterway in those islands. Personally, I represent the Venetian homeowners, the entire Venetian Causeway, which is about 480 homes. I spent, in my particular home, about five percent of the entire investment that the Parrot Jungle is going to spend in Watson Island. And tiae least that I want is noise and activities that do not conspire (sic) to the ambience of those two islands in there. They have a privilege of being in the middle of the City, where usually, there is no neighborhood around therm other than those two islands right there. We don't want to be meld... you knocir, be left handling the wrong end of the stick, like we have been before with the Police Department, and other departments throughout the City and throughout the history. I've been living in those islands for about ten years now. 'There is a provision in the contract that says enforcement... I should say there is no provision, whatsoever, in the contract as Ear as enforcement of sound levels. And the City does not have the money to spend on to enforce it, if, in fact, there is a situation. So what we are asking is that in the design, itself they have a Crozier, which is a device to actually monitor the sound level, and then somebody can go there. once a month or whatever, or when we complain, and have the City go out there without incurring any extra cost. The contract does not say anything about enforcing, at all. Now, the sound level that Mr. Jack Luft was mentioning to, as Par as helicopters on the pads, and car and boats, and everything else, that is not a continuous sound„ That is a seldom sound. When you have a motorcycle going by, yes, it's going to be, probably, 180 decibels. A helicopter, I believe, is about 120 decibels from 100 feet away. But that's like, you know, seconds, or minutes, or whatever. When you're talking about an open area that deals with a two-hour event, or three-hour event, or four-hour event, it doesn't say anything to the effect that, in fact, it'• going to be monitored, at all, And we are very concerned. And I would like to have th. Commissioners and the attorneys or whatever look into the lease and see how, you know., how they're going to dwal with that. Because when you go out there right now and measure it, yes, I mean, that's a normal level. We're going to have... Right now, as it stands, we have the decibels of the construction tion on the causeway, we're going to have until 1.999, which is almost 200 decibels of construction, So we know that for a fact. But that, we. know, is going to end in 1999. We do know, you know, it''s rant going to be there for the next 60 years, as the contract on the lease says. So I would appreciate if they'd actually look into that and put n a Crozier. And a. Crozier, for thane of you who don't know, is a device... It's an off the shelf kind of thing. not an expensive item. And the other thing I want to mention a, to that, point is She differences between dieing where Parrot Jungle is right now and where it's going to be in Watson Island is the water, The water is... 'I'lie water does not take sound away. It produces sound. So the decibels at .1 and .2 of maybe 200 feet away or 150 feet away could be. ftlie same or could be mom, depending on how the wind is blowing, which, is not the case in the actual Parrot Jungle. And I just want to 'note clearw that. all of the homeowners, £Torts one end of the islands to the other, do endorse the Parmt Jungle being in there. We don't like what we have now, we don't like what we had before, sad we do endoise it. We just want to hive together in a peaceful way', and that everybody can enjoy. And I'm probably going to be the first person to go visit the Jungle the day Omy opera, use I'm looking forward to it. But let's... You know, at night, when 1 go to sleep, I want to go to sleep. I don't want anybody bothering. me. So if anybody car' sewer that or whatever, anybody has any questions? 57 September 26, 199E+5 t5` a^Fr 2r k i. � � ,�� xis4sj 7 ytt�j � •: r � - LAI Mayor C arollo: I'm taking notes of what you've requested, the enforcement of the sound level, what the gentleman =ern to you stated, so that we can begin answering them. Now, Jack, would. you prefer to as they are asking the questions? Mr. Luft: Just very briefly, We're reluctant to write into the lease a Grozier system, but we are going to address that through the acoustical consultant that we have required that they Dire. Normally, these systems are applied to ten and twenty thousand seat amphitheaters. But Dr. Lavine; has agreed to consider it. We will explore it significantly with our acoustical consultant., and if it appears appropriate, we'll take that under advisement. But right now, I do not have the technical basis for saying they have to have it and putting it in the lease. But we are aware of it. It will be addressed. Mayor C arollo: Flow about the question that was asked before, as to the time of opening and closing, and the special events? Mr. Luft: Well, first of all, we do agree, and everyone understands that if there is a restaurant facility or a banquet facility, that that would not be subject to these hours. 'Those are interior kinds of activities, and everyone knows that a restaurant or a banquet isn't going to go home at ten o'clock. What we're talking about is the gardens, themselves. I understa.nd their concern, but by putting a mandatory closing time on there, you could and probably would be cutting off events that would not have any sound impacts, and that's not necessary. That's why we pint the decibel levels on there. Because I think we can all agree, if there's a wedding, a bar mitzvah, a ceremony in the gardens that, you know, that behaves itself, that has no sound impact, there's no necessity to arbitrarily say, "Nell, ten o'clock has come. I know you're not snaking any noise, but you got to go away." So we're trying to put the emphasis where it belongs; which is on the sound impacts, and leave the flexibility on the hours of operation, so that if they work within those limits, we can all enjoy the facility and use it effectively. Mr. C,apo:.All right. Thank you. Mayor Crarollo: G& Ma'am. Ms, Ann Fields: Yes. My name is ,Ann Fields. I work for the Dade County Public Sc-hoals, and I would like to speak in support of Parrot Jungle and Gardens, and I'd like to address the issue of the minority... the minority issue question. Mayor Carollo: Certainly. Can you give us an address, for the record, please? Ms. Fields: Yes. 325 Palmetto Drive, Miami Springs. Parrot Jungle... We are celebrating tent years of success at the Academy of Travel and 'Tourism Programs in Dade {.aunty Public Schools. And we are located presently in three !high schools. And I didn't bring the statistics, bemuse I didn't really intend to address this, but we have over 60 percent African -American students, and the majority of the rest of that percentage would be Hispanic. 'The majority of oiu students are females, also, and they are planning to major in, hopefully, travel, tourism., or hospitality, and go on to some college, et cetera. Dr. Lavine and Parrot Jungle is a major supporter of our program., .has offered numerous times, and has hired our students on summer internships, when they could get there. But as he said, the majority of our students have not been able to get to Parrot Jungle and Gardens. And their outreach to the community has been excellent. I'm sure they will be good neighbors wherever they are located. And for that reason, I wanted to speak to the issues brought up today. Mayor C arollo: Thank you very much. 58 September 26, 1996 (APPLAUSE) Mayor Carollo: Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street in Allapattah. One of the statements I'm. going to make is that Parrot Jungle would stay around Pinecrest if they could have get that change of zoning, were they allowed to have the nightclub or whatever facility. But since they couldn't get it, because Pinecrest is a very small community, but very powerful, politically and economically, they're coming to .Miami, you know. So there in Miami, they gent the good location, not only about the people gamble, they got the biggest cruise ship in the would right across the bay, right there. If they get just a little percentage of those people there, they would have a lot of people there, going there. And one thing I want to have, maybe they could accommodate us. Since we're City residents... And we're doing a lot of things for other people, dumping grounds and the whole thing, and place to work for many bedroom cots munities, that they don't want the Par.�ot Jungle there or other places, but they want it in Miami, so that way, they could come and go home, to sleep soundly there, without being bothered. But 1'd like to have something like, the Parrot Jungle can do, get discounts for City of Miami residents, especially children, since like Disney got Florida residents discount, right? And not only... Also, one thing I'd like to... I seen there, and it's a lot better, whatever is ,going to be there, that I remember like three years ago in 1993, they were... the homeless were living in the noah. place, and there were homeless building houses there and renting plates to other homeless people there, because I remember those things there. Remember one thing. As a City resident, I am concerned about the City. Also, that boat ramp, you should find out who use the boat ramp and charge user's fee to the people that use the boat ramp, if they don't live in the City limits. Because I go to Broward County, I go to C.B. Smith Park, I got to T.Y. Park, 'White Waters Park, and I see there, if you are a Broward County resident from that district, you pay less money than me that comes from Dade County. So I would like to see that, us benefit, if we be at the Parrot Jungle. It's tic for tac, quid pro quo. I mean, we're not going just to gave all the time. It's too "wastely." Commissioner Plummer: Let me ask a question, if I may, Mr. Mayor. And I would ask of the people -who are the residents across the water to address. I just asked the Administration and the Law Dep=ertment. .As I understand it, the people on Venetian Causeway, their big concern is peace and tranquility, OK? Noise factor, other. What is the reason, Jack, of an eleven o'clock, ten o'clock, twelve o'clock closing, if, in fact, there is no violation of the 60 decibels? Mr. Luft: Well, from the residents' standpoint, it's just an extra level of guarantee. That's 'why... Commissioner Plummer: No, no, no. Excuse me. Excuse me.. Assuming... Unidentified Speaker: What's an "extra level"? Mr. Luft: But from our standpoint... Commissioner. Plummer: Assuming that they have an event that goes tid one o'clock in the morning... because I think one of the things that I saw that they were, proposing to do was to have weddings over there - OK? - and that they would be using it for wedding remptions, the wedding and the reception. If, in €act... Especially if it's a Latin wedding, they go to one, two, three o'clock in the morning. But, what I'm saying is, if they don't exceed the 60-decibel level, what, is the real, real concern? I mean, as I see it, we're going to have - and I go back to this, this gray area - we're going to have to fired a way to say 60 is 60. 01 V And I would ask `d►e other people, from across the way to address that issue, that... if they're conceraed outside of that. The minute it goes to 61, as I understand it, it brings in an arbitration, or it brings in an expert or something. 59 September 26, 1996 Mr. Luft: I posed that same hilosophical point to them, you know. What's the problem if... If the!rave to bequiet, then wKst. difference does it snake hove late they stay open? The response, andy 1 understand It, was, well, OK for the routine day-to-day operations, but what about the special events that are, exempted from the noise? Does that mean they can have 80 decibels at these in the morning? Commissioner Plummer: No. Mr. Luft: And I think what they want to hear is that after eleven o'clock for, say, a special event, that there are some reasonable controls there, because we cannot honestly say, and .I wouldn't, you (snow, I wouldn't attempt to mislead this Commission or the public, that if we had a. Super howl party and it lasted till twelve, Out we wouldn't be snaking sonle noise there after ten o'clock. .And I think there has to be some flexibility for a few events a year to do that. And that's why we didn't hold them to that higher standard. Their concern is, you could take that same approzch and apply it to special events all yearround, and go till three, four in the morning, and make all kinds of noise. And so they're looking for some assurance on the special events. Commissioner Plummer. Even as special events, does not the 60 decibel... Mr. Luft: No. Commissioner Plummer: It does not kick in. Mr. Luft: No, we can't... We couldn't do that on a special event without basically eliminating the nature of the event. We're talking about an entire organization taking over the gardens. Now, this is only four times a month that they're limited to this, now. OK? But if the City wants to hold a major... you know, host a major civic function there... And I'm relating this to Vizcaya, now. CommWioner Plummer: Yeah. Mr. Luft: We've all been to Vizcaya twelve, one o'clock. in the morning for major events, and they simply don't have a cutoff time, because you can't tell how long they're going to go, nor do they have noise standards. 'These residents say, "Can you give us some noise Ievels, say, after eleven o'clock for a special event?" I would not want to say that they couldn't do above 60 after ten, but maybe after twelve or one in the morning, or something. They're looking for some reasonableness on that. Mayor Carollo: Let me interrupt this discussion for a. minute. I'd like to read a memorandum that I just received from Manager Stierheim. "I am sorry that I have not been able to be with you at the meeting today, but I am finishing the report that I will be presenting tonight. I will meet with the department directors at one p.m., and with union leaders from two to three p.m. to verbally summariae the report. Mould you please be kind enough to let my secretarial staff know" - this is referring to the Commission members - "Vihere you can be coached this afternoon, so that I can have the .report delivered to you. I will be operating out of Dinner Key this afternoon. If you have any questions, please advise." Last night, I suggested to the Manager... He met until late in the evening with the financial advisory group that he has that has been helping the City. I suggested to the Manager that he will keep working on this throughout the day to give us the beat numbers that he possibly could. I apologize that I didn't bring this up earlier this morning, but I thought it would be best, instead of him coming here this morning and representing the Administration, that he would Keep 60 September 26, 1996 working on the City's finances, so that he could give us the best picture when he meets with us this afternoon. Commissioner Plummer: Let me... Joe, in that vein, the City is supposed to adopt a. fiscal budget by October Ist. GK? ,And 1 do recall there were; occasions, as I think I recall, that we did trot.., we did not, in fact, make the Mtober I deadline. Mayor Carollo: Well, actually, T.L., we have., by law, I think, until the 9th to do it. Commissioner Plummer: Is that what it is? fit,. Quinn Tortes, III, Esq. (City Attorney): Well, that's not quite correct. Commissioner Plummer: All right. What is correct? Mr. Jones: Well, what is correct is that under the Trim Bill standards, you have to adopt a budget today, or else you will be in violation of the law, meaning that you would put not only any Mate revenue -sharing funds is ,jeopardy, what is indicated to you is October 9th being the drop dead date. That date simply is a date that Dade County says that they creed to have certification of the millage. in order to put it on the tax roll, so that they can collect the taxes. Mayor Carollo: That's correct, Mr. Manager (sic), but it's highly unlikely that the State is going to withhold back any funds, particularly in lieu of the fact of the conversations that we have been laving with them. But we %rill take some: action on the budget today. .Arad I think the Commission... It would probably be best to carry on this discussion later on this afternoon after five p.m., once we get all the facts. Comm. ssioner Plummer: No, I... I guess, Joe, the only reason I asked the question was, is, in fact, should we consider deferring all of the Zoning applications, as unpopular as that might be, to have the entire evening for the purposes of budget, which may be required. And, you know, the people are not going to be sitting around here waiting for Zarcing at four o'clock, and we start at five-o-five, if we don't get finished till midnight. That was the only reason I raised the question. Mayor Carollo: I would be willing to do that, if we need to. I don't know how much. time the ,Adminismation feels that we might need to finish the Zoning items this afternoon. Can you give us an estimate of how much time you think we need? Mb. C=rvo: I'm trying to go through the items and see what are... I meant, I believe the first `= item is the only controversial item, and the Coconut Grove Parking Ordinance that we were going to ask for a continuance on, anyway. Mayor Carollb: OK. Ms. Cuervo: So there's only one controversial item. The others, I believe, should be pretty routine. Mayor Carollo: OK. So if we meet between four and five, we should be able to finish: up. P+ . Cuervo: And we do have regular agenda items on... Mayor Carollo: Yeah, that we have to come back for. Commissioner P1urnmer: Yeah. We haven't even started on those. 61 September 2,,6, 1996 Ms. Cuervo: Right. That we can do this afternoon. Mayor Carollo: Yeah, yeah. Ms. Cuervo: And, you know... Mayor Carollo: Well, I think we'll need to come back by at least two -thirty, to, hopefully, start getting into the regular agenda items. Commissioner Plummer: Pine. Ms. Cuervo: All right. And the only reason I don't... I'm not saying that we should do... Mayor Carollo: Well, or three p.m., if you'd like. Ms., Cuervo: The only Mason I'm not saying that we should defer the entire Planning and Zoning agenda is I just don't know if there is any time -sensitive items in here. I'd life the time to review them and then make the recommendation when I come back during the afternoon. .Mayor Carollo: Something else that I'd like to read into the record, and this has to do with a question that was asked by one of the speakers a few minutes ago. And Dr. Lavine, correct me, again, if I'm wrong in what I'm going to be reading. But as I understand it, these are, some of the additional benefits that Parrot Jungle is willing to give to the City of Miami.. And this will be made part of the contract, correct? One, major admission discounts to Parrot Jungle for residents of the City of Miami during four months of the year; two, free admission to Parrot Jungle for all City employees in those satire four months; three, free training scholarships at Parrot Jungle for six students a year. This six -week summer program will feature landscaping, food service, Ourism and hospitality, environmental education; four.; 20 percent discount to the City for any function held at Parrot Jungle, including food, utilizing P.J. Catering and Gift, plus six percent. paid to the City; five, provide free area in Parrot Jangle of iWatson Island leasehold for the City to use as Fire Rescue or Police substation. I think these are excellent benefits fha.t they're volunteering to the City of Miami. If, on number four, the 20 percent discount to the City for any functions held at Parrot Jungle, if Dr. Lavine might consider making that a little better of a deal, we would really appreciate it. Vice Mayor. Vice Mayor Gore Let me ask you a question. Has staff done or conducted a test, using the different levels from a home? And let me me tell you why I ask this question. I live close to the Miami Stadium. At Miami Stadium, they have activities, and I don't think they have any control, because as I drive up... Mr. Lutt: No. It's City property. It's no control. Vice Mayor Gort: As I drive up, I could hear the noise. But. once I go into my! house, I don't hear anything ilea. Are we conducting any tests? Mr. L,uft: We have conducted tests within Parrot Jungle, immediately outside Parrot Jungle, within the residential district adjacent to Parrot Jungle. We've measured levels oh Watson Island, at the site, at the causeway, and on the adjacent shorelines of residential islands to try to establish a bench- mark today. At no time does any of the sound within Parrot Jungle exceed the 55 decibels, On the outside edge in the residential area, it's 50. ?°fiat's... If you know the way decibels work, they're geometric increments, so they're not_ a ten -decibel increase is like a 200 percent increase in sound. So 50 is substantially below the 60 threshold of limits that we have. I can't say that I've gone into somebody's home to measure the decibel levels. I ba�ren't done 62 September 26,1996 that, But we've established that than pt^ojoel does not exceed any reasonable noise saAndards for residential arm. And thew are right scrcrsta the street in that case. Vice Mayor Gort; "Thank you. Mayor Carollo: All right Ma'am, you're next Unidentified Speaker: I thought they would Inc next. !Mayor Carollo; 0K. ney're next? I'm sorry, Go ahead, his. Shirley James; Shirley James, M nddrem is 15572 Southwest 148 Terrace. Tire zip is 33196. 1 ant the lead teacher for the. � Mag�: et Program, which In a Dade County Public Schooig pnsgmm. We have been affilisted with Parrot Jungle since 1991..Dr. Lavine has provided for us, fret of charge, for the children to come there daily. Becatme our program is Innovative. tits: children use the grounds of Miami -Mein) ?.,00, Monkey Jungle and Parrot Jungle. in all of those facilities except Parrot )tingle, we pay a fee yearly for those children to go there. He has provided his facility feva of charge. He has auppbirted oor children on our unique field experiences. He donated funds for our minority students to go to Costa Rica, and also to San Diego Zoo last year. This put year, we had our open house for our parents and students at °arrot Jungle. And in 1"2, when hurricane Andrew destroyed our four portables that were located in the west parking lot of Miami -Metro Zoo, he opened his facilities for us to use his facilities all day ion;g, to teach math, English, science, social studies, and electives. He has been a great support to my program, especially to my minority students, and I want this put on record. (APPLAUSE.) Ms. Eleanor Kluger: OK. Good aternoon. My name is Eleanor Klu er, and I'm a resident of 1000 Venetian Way. 'I have lived there for the put seven gears. To&y, I would like to bring you some pictures of our facility and racy hoarse, and let you see what you sire;.., what we are living in and hone it is todxay. 'This is 1000 Venetian Way. t bought my home seven years ago in this building, which Is worth over fifty million dollars ($50,000) today, maybe more. Every apartment is at least around a quarter of a million dollars and up. We pay, from just our building alone on the Venetian Causeway, over one million dollars ($1,000,000) each year In tax money that we give to the City, to Miami, to the County, in taxes. All fright? Our quality of life has been wonderful. it has, been billed a City.,. an apartment with a view. This is the reason almost all of us Wught it. And I'd like to do with you like the realtor did with ate. He said, "Take this key, come on up to the apartment on Friday evening, and just see what an apartment like this is." So on Friday night, my husband and I name up to the apartment, and the apartment is just a normal, average apartment. But if you walk out on the balcony, which is nine feet wide, and wraps around the City - the building our apartment, and all of our apartments have glans all the way through you will see that it Is the most beautiful view in Miami. And wee live out on that balcony. And come November, we can shut off our air conditioning,, we can throw, open all those glass dooms, and we can steep that evening with the windows open. And it's like living out on an island. Now, we: don't want the Parrot Jungle to ruin our quality of life with the noise. Most of us voted for the Parrot Jungle. We'd like to have It the way it was..,, it is now, ai five. - thirty closing, beautiful birds, tropical gardens. The Herald gave us a beautiful pictum of this, and so we went out to the referendum and we voted for this, to have a P°amn Jungle, a tropical garden, We did not know than there was going to be a signature Fardens type arrangement with outdoor pearties until whatever, a City party palace that maybe we re going to get. We're hoping that this would not happen. And we have gone and asked Dr. Fern if we might have sonic con inns in this respect. But we have hit a solid wall, and hrav* very little. He's been very generous with the resit of the community, so I understand. But with the resiaients and the pwple that have invested thousands of dollars can the Venetian Island, he's not been so generous, Now, I.1 63 Spterm1wr 26, 19% 3.. OR t this is going to devalue all of our properties, the way it sounds now, with 58 or more parties going on, special events, until all nights of the... until all houss of the night. Now, if you call guarantee us that we'll have peace and quiet at night, then we'll be very happy to be very good neighbors to you, Br. Bern. And thank you. (APPLAUSE) Mayor Qrollo: Joe, go ahead. Mr. Joe Rucker: Good afternoon. Name is Joe Rucker. I live at 665 Northwest 151 Street. I'm here today for three things. tine, to give Reverend Bunn my blessings and tell hire that he's doing a great job. But first of all, I have to congratulate the Mayor for the job that he's doing, and the Assistant Mayor, and the rest of you all. I was before you some time ago with this issue, and nay main concern was such as Reverend Dunn's was, jobs .for the people within our community, the African -Americans. And I sympathize with the citizens of Miami that's going to be living near the Parrot Jungle, and anything that we can do to help you all, we will. Maybe it's very little. We don't have the luxury the lady have that live in a nice condo and all, but whatever we can do physically in construction... I am a contractor, represent several contractors, and we will... from mow your yard to build an addition onto your house. So if you want my address once I leave here, you can get it, because we're in bad need for jobs right now. As you know, the ordinance been struck down by Judge Rice camp, but we're going to go on in faith, and knowing that God will take care of us. So I'd just like to let you know that I do support D.- Lavine and his project. I met with him, Reverend Dunn, prior to you meeting with him, and when I say "prior to you," some months ago, right after a Commission meeting. And he did say that he would make sure that we got a fair share of jobs. And he mentioned the ordinance. And I don't buy the ordinance. And I have to say this much. I know the Administration tries to do as much as they can to live by it, but somehow, there's loopholes, and somehow, some people seem to take it and use it to their own convenience, and not take care of the poor and the real needy people. So I would say to Dr. Lavine, I hope that he lives up to his word that he gave; me, that he would go a little bit beyond that ordinance, and take care of the ne ds of the poor contractors and workers. 'Thank you. (APPLAUSE) Mayor Carollo: 'thank you. These will be the last people that we will hear from, the erns that are standing up, two on this side, and one over here. Go ahead, sir. Mr. Bob Chitty: Good afternoon, Commissioners and Mayor. My name is Bob Chitty, and. I also am a resident of the Venetian Islands. In fact, I live on the Miami Beach portion of the Venetian Causeway. I am co -president of Venetian Causeway Neighborhood Alliance, and I'm treasurer of the Venetian Islands Homeowners' Association. Both those organizations represent people along the entire span of the causeway, from Biscayne Island all the way to the Beach, Belle Island. Basically, what you have is the people on the causeway saying that they don't have an objection to this project. They say, "Mr. Lavine, bring your project. City of Miami, develop your waterfront land. 11mt is fine with us. But Mayor and Commissioners, assure us that when we come home to our house at night, and we want to enjoy the serenity that ever household should offer, that we should be able to enjoy the quiet of our own home." And it seems to me that allowing Parrot Jungle to have four special events a month, plus a number of special events that they can also get with a class one permit, and it seems that Mr. L,uft believes that they can secure about ten of those a year, that means about 62 special events a year. Now, if my math is correct, and often it's not, but if my Wrath is correct, if they can have 62 special events a year, 'that's about ore -sixth of the year or about 18 percent of the time; Parrot Jungle can operate withoui any regard to the amount of noise level that'scoming out of their complex. And what the citizens want and the people that are in close proximity to that project want is some 64 September 26, 1996 lr,.M- r safeguards: Number one, the installation of this Grozier system, which is not an expensive item to have, and it's not a technical item to deal with. It's simply an item that monitors the amplification system that's on a project and keeps it to a -certain decibel level; and some kind of restriction on the number of these special events, and how late in the nighttime they can go. And if you're having 62 of these a year, and they're going till two or three o'clock in the motning, certainly, the people that are going to live a couple of hundred yards across a body of water from this project have a valid concern, a very valid concern. And I think Ms. Kluger made that clear to you, that when they bought those homes across the way that they expected to be able to go out on their balcony at one o'clock in the morning and enjoy the view of this fine City anti the quiet that's offered by overlooking the bay at one o'clock in the morning. Tbank you very touch for the time. (APPLAUSE) Ms. Helen Marcie Gordich: Hello. My name is Helen Marie Gordich. I live at IWO Venetian Way, which is actually a golf ball's throw to the site. From my bedroom, I could literally take a golf ball and throw it. I'm pretty close, so I'm quite involved. Like the rest of the people told you, we really look forward to Parrot Jungle. In fact, if I were to throw that golf ball, I'd probably hit a bird that I gave them, a beautiful blue and gold macaw, several years ago, when I moved down, after the hurricane wiped one out up in that area. So we are definitely not their adversary, as far as having it there. And also, I think it's a wonderful thing that Dr. Lavine is doing with allowing the children to come. I think that's marvelous. Ale creed to do more for Miami's children, for all children. I think it's great. So please understand, we do not hate there. All, as Bob mentioned, is we need some kind of guidelines. Now, the gentleman who is going to speak had to go to court, because he's a lawyer. So I just have a couple of little things, and I won't hold you more. What I wanted to know was... Well, Bob mentioned about the special events, because I... my math went up to 58, and I think we definitely need to do something about that. So what I would like to know is, how can you monitor it? Now, I know there was some suggestions with the Grozier. 'Then, once monitored, how can you correct the violations? And then, are there some punishments, I mean, some reasons for anyone not to break a violation... or to make a violation? I think it should be in the lease, something that says, look, guys, I know you're going to do the best of your ability, good faith, everything that you can. But in eRse something happens and you're supposed to be here, and you're there, and we say, "Oh, fellows," and they say, "OK, we'll fix it," and it doesn't get fixed, then what? What happens then? Ms. Kearson: If there is a dispute as to whether Dr. Lavine has met the requirements, we go to arbitration. Arbitration is binding. So whatever the determination is by the arbiter, we have to live by it. Ms. Gordich: And if it isn't lived by... Commissioner Plummer: Is there a penalty? Ms. Gordich: ... he has to talk to the City? Is there anything in here that says you'll be fined or whatever? Ms. Kearson: It's up to the arbitrator. He: makes the determination'as to what the penalty will be. Ms. Gordich: The arbitrator. Ms. Kearson: Exactly. Ms. fvordich: OK, 65 September 26, 1996 Ms. Kearson: And we have to live by that. APIs. Gotdich: All right. And one last thing I'd like to say is that the Brown house that was spoken of, I've watched that for many years now. We have another name for it. We call it the cat house, because there's a multitude of cats living there, nice cats. And people come, and they feed them, and they multiply, and they're fruitful, you know. We think it's a wonderful idea, if Dr. Lavine could, in some way, incorporate it. Because a half a house sounds like, "Half a house?" But it's a big half a house. AWd it does... You know, it's a reminder of Miami's past, And, you know, we kind of trope that maybe somehow, it could be incorporated into the scheme of things. And That's all I have to say. And thank ,you all so very much for all the work you've dotte, all of you. I know you've been working your tail bones off, and we appreciate it. And we're watching, and we're registered voters, and we like what we see. Thank you. (APPLAUSE) Mayor Carollo: This will be the last speaker from the public. Mr. Stephen Dean: Yeah., and a short one. Mayor Carollo: Take your time. Mr. Kean: My name is Stephen Kean. I'm from 1,000 'Venetian, also. But this is about a different matter, and 'it's a little bit surprising and shocking to me.' In my search for, some information yesterday, I was talking to the managing director of Animal Rights Foundation of Florida iu Pembroke Pines. Commissioner Plummer: Oh, yeah. I got a letter on that. Mr. Dean: Yeah. I sent each of you a fax. And she tells me that the foundation has received numerous complaints about Parrot Jungle's treatment of the birds, and that it has also been objected to; that Parrot Jungle forces the animals to parade for the so-called enjoyment of the public; that the parrots are not properly covered at night, and that every animal has a right to protected shelter. Complainants have concerned themselves about the birds' diet and the food that they are given, and neighbors have complained about the smells emitted from the Jungle. My only question is, if this is true and correct, should it be looked into Wrther? And if it is looked into further and proves to be true, is this the type of neighbor that we want so close? Thank you very much. (APPLAUSE) Mayor Carollo: OK. Dr. Lavine, are you paying the birds minimum wage? Dr. Lavine: I would litre to answer. Mayor Carollo: I think you should address what was said, though. Dr. Lavine: Yeah. I .appreciate the opportunity to answer that. To begin with, Parrot Jungle belongs to AZA, the American Zoological/Aquarium Association, and it has standards that are beyond pwbably any other orp,anixation that I have belonged to, and a lot of different businesses. They do a three -person review every five years, where they go through all youf records. They go through how you take care of animals. They ga throuet a great deal of different things. And then you're brought up before a board of about 20 different zoos in tht United States. We passed each time that I've been involved with it, with flying colors, absolutely, no question. We 66 September 26, 1996 also belong to a great deal of other organizations. We have been cited by the Endangered Species Environmentat Group, International Environmental Group, for having fifth generation birds. So our breeding has been outstanding over the years. And if we were not feeding them property, then obviously, we wouldn't be able to do that. We have a senior citizen village, in case you all would like to see it. Some of the birds exceed 60 and 70 years, and they've been there. We have birds that are 40 years old that are still working. And most birds that are in captivity don't go that long. So I think our employees and our personnel do an unbelievable job in those areas that were just questioned. (APPLAUSE) Mayor Carollo: OK. The public part of this meeting now is closed. Let me go back to staff to see if they would like to address any of the complaints and requests from the neighbors. Mr. Luft: Well, I think it comes down to the question of the special events, and how long, and how loud can they go. I would suggest that there is a reasonable concern there, that 62 or 63, or SS... Mayor Carollo: Fifty-eight is the number. Forty-eight plus ten. l.►/dr. Luft: Fifty-eight events that could conceivably go tilt four in the morning at any noise level would be. exomive.. I would suggest that perhaps we could take a time, midnight, one o'clock in the morning, to impose a 60-decibel level, irregardless. We may want to except New Year's Eve, the Fourth of July. Maybe there's a handful of national holidays that we would want to exempt. But I do think we could probably find a time in the evening that's reasonable that we could come in and impose a 60-dBs limit that would still give them, say, from teen to one to have. a major event for the public. And the intent behind the special event is to allow our community, the various organizations, civic groups, the chance, to enjoy this garden and come out and use it. It's not a giveaway to Mr. Lavine. It's a way to open this thing up for more public -ease. But I agree that there's a limit. Maybe we could consider something like that. Mayor Carollo: I think this is a major point that we have to negotiate with the, developer. At the same time, we have to make sure that we don't cross that fine line where the project can't make a go at it financially, also. So this is a point that I think needs to be negotiated further. I don't know how much the developer is willing at this point in time to accommodate the neighbors and the City with, but we have to find that middle road that we can protect the neighbors' interests as much as we can, but still make the project financially viable. Mr. Krongold: We've gone an awful long way from the beginning to getting here. Mayor Carollo: That's true, and I don't think that there's anyone here, including the neighbors, that wouldn't agree to that. Mr. IKrongold: We also think that the City has also negotiated in good faith to ail 32 drafts. I've been speaking to Dr. Lavine. I guess the only thing that he was offended by tlt.-ough the whole presentation of the individuals was the comments with regard to treatment and the care of his animals, sine it's a special thing in his heart. With regard to the special events, I think what you pointed out very succinctly is that the PM requested and opened this for this purpose. 'Phis is one of the purposes. But to go along, and so that we can have closure on this, and get going with what we really want to do, is produce a beautiful facility for the City of Miami, for ourselves, and also for the neighbors. What Dr. Lavine has agreed to do is if it would aommmodate everybody, we'll put a time period of one, one -thirty, and come down to the... I think it's 65 decibels. I don t think it's 60. 67 September 26, 1996 (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mr. Krongold: OK. Now about if we go to 65 or... Unidentified Speaker: That's up to one a.m. Mr. Krongold: Yeah, 65 yap to one a.m. And... Commissioner Plummer: For the special events? Mr. Krongold: For the special events, yeah. Commissioner Plummet., OK. So then what you're saying is, it would be no more noise than the road traffic during the day. Is that a... for this... well, 58, is it, a year? Mr. Luft: It's 63 right now during the day in the. road. Mayor Carollo: Sixty-three is the one that we're using. Commissioner Plummer: Oh, OK, all right. Mr. Luft: So they're saying they would live with 65 up to one a.m. I smear.... right.. Commissioner Plummer: All other times, it would still be the 60. Mr. Luft: Sixty, fight. Commissioner Dunn: With the exceptions of those special holidays? Mr. Luft: I think we probably ought to examine New Year's Eve, and, you know, Fourth of July, the fireworks and things. Mayor Carollo: I think you need to... Yeah, you need to pick a few days like. that, Fourth of July and New Year's Eve. There aright be two or three other days during the whale year that we could look at, or at least assign a number, and say five or six days out of the year where those would be the only exceptions. Mr. Luft: Right. Mr. Krongold: We'd agree to a reasonable amount. Mr.Luft: Tl:ia does exclude the. banquet hall or the restaurant, pause those are interior, and those.... Commissioner Plummer: That's indoors. That's inside. Mr. Luft: Those are inside, and they're not a.ffeected by any of this. Commissioner Plummer: I don't think that's any contention by anyone of .an indoor activity. it's the outdoor activity, as I understand it, that's been of contention. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: fit? 6€1 September 26, 1996 (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Well, they still got to live by the same decibel, even if it's inside or outside. I mean, that... The max, as I... Well, let's put it on the record. The max indoor or outdoor in special events is 65. Mr. Luft: Right. Commissioner Plummer: At all other times, it's 60. Mr. LAM. Right. And that's up... And at one o'clock, they would close on the special events. Mayor Carollo: Yeah. One o'clock would be the closing deadline on special events, with the exception of six... Mr. Luft: But the banquet, the banquet and the restaurant. Mayor Carollo: Yeah, banquets and restaurants, and with the exception of six days out of the year, out of which two of those dates, one would be New Year's Eve, the other would be the Fourth of July, that it can go beyond that. Commissioner Plummer: OK It's a mean man that wont compromise. Mr. Luft: Yeah, OIL. Maybe... I'm sorry, Mr. Mayor. Inlay have misstated .myself. It was up till one o'clock, and then at one o'clock... They can do their spectral event up till one o'clock, with the freedom from the dBs, but at one o'clock, 65 dBs kicks in, and that becomes their limit. Commissioner Plummer- Wait a minute, now. Mr. Luft: Sixty? Commissioner Plummer: Sixty-five, or 60? Mr. Luft: Sixty-five. Sixty-five is what the current causeway is during the day. So after one o'clock... They were imagining, you know, three, four in the morning rock concerts. We're saying air one o'clock, they will have to live with 65. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mr. Luft: Well, yea, you did. Mayor Chrollm Well, let's go over that again. Mr. Lufi: Let's go over that again. Mayor Carollo: What I understood was that by one in the morning, they would clone. Mr. Luft: For regular operations, yearround, they're going to live with a 60-decibel limit after ten P.M. Mayor Carollo: Right, right. 69 September 26,1996 i:. A., Mr. L.uft: 'That's all year long. if they have a special event - they're allowed four a month - that special event, after one o'clock in the morning, has to then observe a 65-decibel limit. Sixty- five. 'That's the one o'clock cutoff for them. Mayor- Carollo: OK. So the cutoff would be one in the morning. Mr. Lunt: One a.m., 65 decibels becomes a limit that is now imposed. Mayor Chrollo: Up until one. But are we talking that they will... They will close down by one a.m. for outdoor. Mr. Luft: Well, I think there's some confusion. Mr. Krongold: First of all, we're talking about special events. Mayor C arollo: Exactly. Mr. Krongold: OK. Prior to this conversation, we had no decibel levels for special events, from the minute they started until the minute they stopped, which could he any tithe in the morning. What we're saying is that we still want to have an unlimited amount, , cult like we had in the lease, up until one o'clock, which would... at one o'clock, our decibel level has to drop down to 65 decibels. `'That's what we're saying. Commissioner Plummer: No. After one o'clock, it's 60. Mr. Krongold: Well, 60,1... OK. Commissioner Plummer: After one o'clock. Mr. Krongold: OK, 60. Commissioner Plummer: You have up until one the 65, can special events. Mr. Krongold: No, no, no, no. Mayor C;arollo: No. He wants unlimited up to one in the morning. Mr. Krongold Well, no... The lease right now providets that... right now provides that duffing special events, four times a year, we have no decibel level provided. Commissioner Plummer: Four events? Four times a month. Mr. Krongold: Four times a month. What we're saying is from the... Assuming that a function starts at eight or nine o'clock, for those three or four hours, it remains the same ss the lease provides now. But after one o'clock, it drops down. I'm concerned about tl.e 60, 65. But, I mean, if it's 60, it's 60, OK? It drops down to 60 decibels, so we. can't go into all hours of the night with a high decibel rating. 7 hat's what we're agreeing to, which is a substantial... you know, move from where we were. Mayor Carollo: It is, ikon, but, you know, that paeans that you're going; to have a lot of people that are. going to have maybe an hour and a half, two hours, one hour of none after, maybe, they went to sleep. I OW* that if that's how you want it worded, then maybe the cutoff should be, instead of one in the morning before it kicks in, should be midnight, which is an hour after the eleven p.m. cutoff that we have Citywide for noise levels. 70 September 26, 1996 f n. Mr. Krongold: Yes. The only problem with that is that when we did our financials, and we did our planning research... Commissioner Plummer: Speak into the mike. Mr. Krongold: Sorry. Ulf. .., that when we did our planning, we... The RFP was very specific, and that's one of the reasons that we bid on it, was that we could have special events at this site. The City, in fAct, I believe, wants to use this site for special events. If we restrict down to twelve o'clock, most parties don't get over at twelve. They get over at one. So that one hour could be a devastation to us, because we're only hawing it four times a month. So the one ,hour could be really, really, an important hour. In addition to that, I'd like to point out some other things. It`s not our intent to have tremendously loud functions. We have animals, and we have a garden. It's a botanical garden, and the ambience isn't something that you're going to have rock concerts, like they're saying. But we will have weddings and bar mitzvahs and whatever at this site. And those may be above 60 or 65. Mayor Cw-ollo: Well, what's the will of the Commission? This, I think, is the last major item that we're dealing with here. Mr. Luft: Ism just reminding you today, there are no decibel level limits at any time, no cutoff. The City is free from any of those limitations today. Mayor Caroilo: I understand that, Jack. And I think the Commission does, too. Commissioner Plummer. Yeah, but they've already volunteered, OK.? So that's a given. I mean, what I understand... Let me see if I understand correctly. We have, as a general rule, 65 decibels during the day... Mr. Lam: Correct. Commissioner Plummer:... and 60 after... Mr. Luft:... ten p.m. Commissioner Plummer:... after ten p.m. Mr. Lufi: 'fill severs a.m. Commimioner Plummer, For the four events a month, that you would have the same regulations, except you could go until one o'clock in the morning on one of these special everts, with 65 decibels until one a.m. Mr. I..uft: No. 1'hEe way we wrote the lease that's in your bands... 'Vice Mayor Gort: Unlimited. Commissioner Phunmer: Unlimited, unlimited, Mr. Uuft: 'We said special events are meant to be large events. Commissioner Plummer: All right. So then after one o'clock... Mr. Lufi: There's no limit. 71 September 2A, 1996 Commissioner Plummer: After one o'clock, the hit would trick bade in. Mr. Luft: 'That's correct. Commissioner Plummer: OK Mr. Luft, 'I°hat's what we're saying, because 64 is Citywide for noise -sensitive zones, considered to be a noise level that is consistent with peace and harmony in neighborhoods. If, after one' o'clock, they live by that level, and they're agreeing to, then that should be a peaceful project. Mayor Carollo: Commissioner I imn. Mr. Luft: And that's what they're saying. And that's four times a month, at most. Mayor Carollo: Go ahead. Commissioner Dunn: I have a question for Mr. Lavine, for the represenstative, Are usually those special events dewing the weekend? I'm just... Is that basically what we're looking at... Mayor Carollo: Yeah. Commissioner Dunn:... for the four per month? Mr. Krongold: Commissioner, generally so. Commissioner Dunn: You don't want to be boxed in, yeah. 'Mr. Krongold: But some holidays may be. a Thursday, you know, or may be a Monday or something like this, where the holiday itself falls. Commissioner Dunn: But usually... Mr. Krongold: But generally speaking, that's when most people would want to do special events. They're not going to do them in the middle of the week. Mayor Carollo: Yeah. Unidentified Speaker: Now, the special events are held... Mr. Luft: Outdoors. Unidendfled Spr er: Arc they going to be Indoors or outdoors, the special events` Mr. Luft,.,, Outdoors. Unidentified Speaker: It's going to be outdoors. Mr. Lust: Outdoors. Unidentified Speaker.- Will they have bands, you know, music to go with there? 72 Srp;ember 26, 1996 r Mayor Carollo: Maybe the compromise that we could reach is to W) along with what you're spaying on weekend alights, but during the week, with the exception of holidays, then the cutoff should be before one a.m. Mr. Luft: OK;. And you may wish to put a class one permit on the weekday events. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: 'Ten beyond the four a month. Mr. Luft: light. Commissioner Plummer: It would be four a month, then ten over the ,year. Mr, Luft: OIL. So you want it to say that the special events were Friday, Saturday. Sunday, and there were 48 of them a ,year. Is that what you're... was the direction you were headed? Mayor Carollo.- Well, that's just 48 a year, plus then the ten special ones. Mr. Luft: Plus the ten clam one permits. Mayor Carollo: Yeah. Mr. Luft: OK. And was... I'm trying to understand. Were you trying to confine the special events to the Friday, Saturday, Sunday dates? Mayor Carolla: To weekend nights. Mr. Luft: And then to weekend nights. Mayor Carollo: And holidays. Asir. Luft: And holidays, right. Mayor Carollo: What we're trying to do is cut the hours earlier tban the one a.m. that they have proffered to us for regular weekday nights. Mr. Luft: Correct. Mayor Carollo: ,With the; exception of holidays. Mr. Luft: OIL Cmairaissaioner Plummer: Is that understood by all parties involved? Ms. Cuervo: I think you can clarify that special events can be during the weekdays, but at the lower... at the earlier cutoff. Unidentified Speaker: "Weekdays," meaning Monday through Friday. Mr. Krongold: Mayor, once again, we'll concede. But instead of just saying Fri&y, Saturday, Sunday, we would like to add in there "or holidays," if it happens to be a holiday. Mayor Carollo: OK, yeah, that's what we said, Friday, Saturday and Sunday, or holidays. 73 Septembcr 26, 1996 Mr. K.rongold: Yeah. Commissioner Plummer: Well, if New Year's Eve... I think this year is... (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: 67K But what I'm saying is, when you talk about a holiday, we... holidays are pre -prescribed. Unidentified Speaker: We're talking about... Mr. Luft: Right, rational holidays. (INAL.WIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mr.. Luft: OK. So their special events operational parameters are: No noise controls till one a.m., and then it cuts to 60. Mayor Carollo: Correct. Mr. Luft: ,And those special events are cut to... are confined to weekends, Fridays, Saturdays, and Sunds-Ays, and holidays. OIL? Commissioner Plummer. I think... Mr. Luft: That's what I understand. That they have ten class one permits that they can apply for during the year for other contingencies. Those may be weekdays. We don't kr ow when they are. Mayor Carollo: That's correct on those ten.. Mr. Luft: OK Mayor Carollo: They will apply to there. Mr. Luft: And above and beyond all of that, are we going to still say that there are three, four or five specific days a year that we're going to exempt therm, or are we going to roll all the holidays into that now? Because we were tallying about exempting New Year's Eve and Fourth of July. Mayor Carollca: Well, we're going to give them up to six years out of the year that we'll exempr that,one a.m. time. Two of those days will be the Fourth of July and New 'Year's Eve. Mr. Tuft: All right. Mayor Carolln: The other four would be four additional. They can choose as they need there. Mr. Luft: OTC. So there are six holidays a year that those rules don't apply. Mayor Carollo: Not holidays. Six days. Mr. Luft: Six holidays. Six days. COMMIssioner Plummer: They will be holidays. 74 September 26, I996 1. Fn ', Mr. Luft: And two of theta must be the Fourth and the New Year. Mayor Carollo: Yeah, the Fourth and New Year's. Mr. ICrongold: ON - Mayor Carollo: OK, Now, are there any other questions, advice, or just inteiesst that staff, the Chi Manager's Office, the Law Department or my colleagues have, or any statements they would like to further make? Cotmmissioner Dunn: I have a comemrent, Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Dunn: I just want to commend Dr. Lavine for his willingness to negotiate. I think he. deserves some credit for that. Mayor Carollo: Yeah. (APPLAUSE) Mayor Carollo: OK. Hearing none, I'd just like to make the following statement: That since we have trade quite a few revisions in this contract, and I am going to ask for a motion to be made, the motion and the second that will be made will be to incorporate all the different revisions that we have stated for the record here. Commissioner Plummer: As amended. Mayor Carollo: And if there are any questions, then we will refer back to the record. And I would hope that at least by next week, each member of the Commission can have the revisions given to them so that we could go over them. And if there is anything that varies from what the stated here today, then. we will string it up to staf£'s attention so it could be corrected. But we are voting upon the contract that we have before us today, including all the revisions that have been stated before on the record. In fact, I believe that... And he should come up to the record on this one; mouse I don't think it was said on the record. The paper that I read before, that gave some additional benefits to the City... Here we go: Commissioner Plummer: That's part of the record. , Mayo Carollo: I had it here somewhere. 'There we go. Ms. Kearson: Yes. Mayor Carollo: The Parrot Jungle and 'Watson Island Additional Benefits to the City of Miami. Dr. Lavine„ can you carve up? We need to go over this, so that it could be made part of the c ontmct, because, you know, people have a way of forgetting about thins if it's not part of a contract. Commissioner Plummer: You read it into the record, Joe. Mayor Carollo: I did. I did read it, but he never acknowlwlged on the record that this will be made part of the contract. This was read already. 75 September 26, 1996 P 7 Dr. Lavine: Parrot Jungle has agreed, and we will be pleased to incorporate this in the lease, that during at least four months of the year, we will have a major discount to all residents of the City of Miami, people that live Inside the City limits, that we will provide a special discount, so that you all can share in our attraction. We also agreed that if somebody has... is I.D.'d and works for the City of Miami, they will have free admission. Mayor Carollo: Well, all we have to state is that this will be included as part of the record. Dr. Lavine: This will be included. Mayor Carollo: Now, before you go, I've got one more area that I would like to ask you. Number four, on the... Tar. Lavine: Joe, you're tough. You're getting a 25 percent discount. Mayor Carollo: I'm not... Well, a 25 percent discount. OK. Dr. Lavine: It is 25. You're getting five or six percent plus the 20. Mayor Carollo: OK Well, I thought you were increasing the 25. We're still back at 20, then.. Dr. Lavine: We have a cost of goods sold, and we have to pay rent. Mayor Carollo: I have a request to make of you, and this request will limit it to six a year at most. And this has to do, because we have some affairs every year that are important to the whale community that will bring additional benefit to the City, that will faring additional benefit to Parrot Jungle, in itself. If we could have six more set aside... We'll take the 20 per4xttt across the board, but if you could give us six out of the year, whereas four will be at 50 percent discount, and then if you could give us only two a year at cost. Dr. Lavine: You got it, as long as we Didn't have a decibel level of restraint, and... Mayor Carollo: OIL. All right. Dr. Lavine:... and they're .not part of our six days. Mayor Carollo: I appreciate that. Commimioner Plummer: Mr. Mayor. Mr. Mayor. Mayor Camlio: So we're getting, in addition to this, six events for the City, out of which four of those will be at 50 percent discount, and two will be at wst every year. 'Ibank you, Dr. Lavine. Commissioner Plummer: Mr. Mayor, I think it needs to be said that we hmd yesterday at the I DC (Tourist Development Council), of all of the glowing reports of what this organization in the post has done for this community. They have taken these birds worldwide with the Greater Miami Convention Bureau for the purposes of just publicizing this community. And I think that they have bean a good citinn in the. past. I eft them to be a good citivn in the future, and I think that Dr. Lavine has proven that he will go the extra mile to accommodate what is best for this community. (APPLAUSE) Commissioner Plummer: I think it also reeds to be said - and you. can ,get a free commercial - Bern, that this is the upcoming 60th anniversary of the Parrot Jungle. The y mill be having a ten.. 76 September 26, 1996 week activity that will be coming forth. It's in the other facility, so don't worry about the new one. And that is the reason that the TDC yesterday bestowed upon them a grant for the activities that will be done during that ten -week period for the 60th anniversary. ?Mayor Carollo: Thank you, Commissioner. Now, if we can finish discussions, and if I can have a motion from the Commission. Vice Mayor Gort: Mr. Mayor, I'm ready to make it motion, but at the same time, I'd litre to state that in the time +that I've been here, I've had many people come to me with proposals for that, Matson Island, and I'm sure you've had many people come to you with proposals. And I think this is one of the best proposals that we can acquire for that island. And I want to state my congratulations to you. You have done some great negotiations in getting the 'best for the Cis'. And knowing Dr. Lavine, being an alumni of Miami High, I know he's going too do what's right for the City of Miami. So for those reasons, with all the statements incorporated wday, and all the amendments that we have made, I move for approval. Mayor Carollo: There's a motion for approval of the contract with the changes made to it. Commissioner Dunn: I second. Mayor Carollo: And there's a second. Commissioner Plummer: If I may, you know, being here a little bit longer than Willy, there"s been some weird things that have been proposed for Watson Island. I remember a 300-foot tower. I remember a "'Tivoli" gardens. Joe very well remembers the marine activity over there. It's been a long way. And I think that what's going to be going there now... We're making the decision on the contract. The people of the community, in a referendum, made the decision to yes or no. All we're doing is putting together the contract to say, "Hey, what is best for this City?" I think it's going to be great for this City. How many times that we have heard so many people say, "Why should I go south of Orlando? What's there"? Well., we're going to have something now to say, "We've got one more great attraction in this community, and come on down. We do have more than sun and surf in this community," So I think it's something that we can all definitely be proud of. Commissioner Regalado: Mr. Mayor. (APPLAUSE) Mayor Carollo: Commissioner. Commissioner iaegalado: I just want to say that tonight, we are going to have to make hard decisions. But I think that this mornhig has shown that the people of Miami want to work for the future of this City; that this Commission is willing to do things for this City; that fWay, we can announce that we're going to have jobs for people in the City of Miami; drat the City of Miami will have an additional income; that we have people, litre Dr. Lavine, who are willing to stake his future with the City of Miami. And this is why we leave here this afternoon with the feeling that even though a lot of people may say that Miami should be abolished az a City, that the State should take care of, that the County should take over the City, we believe in the future of Miami. And things like that are the things that would show that this Commission and this City is going to go forward. Thank you. (APPLAUSE) Mayer Camllo: Richard. 'Thank you, 77 September 26,1996 Commissioner Dunn: Basically, I've already indicated my position and my sentiments as it relates to this project. I just want to reiterate the fact that on... I think the ball really started roiling, and I just append to be the beneficiary of that, but this Commission... and you have to give: dut respect to the. Mayor and this Commission for taking bold leaders- hip that was just a tremendous message sent to the entire community. I'm not just talking about the black community. I'm talking about to all of the communities. And one of the things that I pledge to do, as I stated before, and I want to be held accountable, is that I will be fair to everyone. I will be re ntative of everyone in the community, because; that's what it's going to take for us to be a �of the future, and a world class City. 'There's a slogan that is used by Atlanta, Georgia, which is, perhaps, one of our leading cities in the world, and its slogan is that it's a City too busy to hate. oo busy. 'Too busy seeing about the needs and the .concerns of the citizens of the City of Miami; too busy to do the right things; too busy to have the bind of leadership and negotiate the kind of project that was done - will be done here in just a minute - here earlier today. ,And that's... It makes me feel good to be a part of this. And I ,just want to toitemte any applause and nay gmt1tude to this Commission for seeing fit to select me. It could have been anyone else, but the fact that this Commission took - this Mayor and this Commission .. took bold and courageous leadership, very unpopular in some circles, but it was, in fact, the right thing. (APPLAUSE) Mayor Carollo: You know, Dr. Uvine, the last time that I had to deal in negotiations for a contract on Watson Island, it ended up they challenged me to a duel. So for that, I have to be very grateful to you, that you were patient, and that. I didn't have to go through► that again. .But the scars of that last contract negotiation are still very deep within me of the price that they made me pay after the contract negotiations. I'm very grateful to all our staff that participated in this, the Law Department and our Administration staff. At the same time, I'm very grateful to Bern and to his people, and he had a group that worked with him. I wasn't trying to be tough on you. I was trying to be fair to the City of Miami, and at the same time, I wanted to be fair to you. And I brink that what we have is a real partnership where. you will be able to make your profit like you shouK since you're making the investment, but at the same time, the residents of Miami are going, to receive a fair return for their land. So I thank you and everyone involved, inciuding my colleagues, for having the patience to go through this. Having, said that, call the roll, Mr. Clerk. 78 September 26, 1996 'I've following msolution was introduced by Vice Mayor Gott, who moved its adoption: RE3OLL.t'I'IOi+I NO. 96-671 A RESOLUTION (Pending the Law Department.) (Mere follows body of resolution, omitted mere and on file in the Office of the City Cleric.) Upon being se=nded by Commissioner Dunn, the resolution was passed and adopted by tlu; follcving vote: AXES: Commissioner Tomas Regala+do Commissioner Richard P. Dann, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None, ABSENT: Done. C,t; MMENIS MADE DURING ROLL FALL: Commissioner Plummer: All things that end well are well. I vote yes. (APPLAUSE) COMMENTS MADE AFTER ROLL CALL: Mayor Caxollo: We will convene again at three p.m. THEREUPON TIME C1TY COMMISSION WENT 114M RECESS AT 1:13 P.M. AND RECONVENED AT 3:14 P.M., WrW. ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMI:S1014ER REGALADO, FOUND TO BE PRESENT. M S: pternber 260996 .•W- ............,......................................................................I.,................... 4. EXPRESS COMMISSION SUPPORT FOR STATE REPRESENTATIVE RODRIGUEZ CHOMAT'S PROPOSED BILL ENTITLED: "AN AC'I" RELATING TO WELFARE REFORM, PROHIBInNG CERTAIN DISCRIMINATION IN THE PROVISION OF MEDICAID .,. PROVIDING CERTAIN ASSISTANCE TO LEGAL RESIDENTaS OF 71iE UNITED STATES." Mayor Carollo: OK, we are going to begin the afternoon session of our regularCommission meeting. We have two public officials that we have to hear fTorn right now. One is State Representative Rodriguez Chomat that we are going to give the courtesy to come up here ,ad right after we are done with hire we'll have Mr. Leahy from the Elections Dep^rita.:.. Representative Chomat if you come asp please? Mr. Jorge Rodriguez Chomat (State Representative): Thank. you Mr. Mayor, Commission ' -,,.. Thank you for allowing me the opportunity to address all of you today. The purpose of rny v; tit is to ask for your support. As you probably ]mow, I am sure you already know. About � vo months ago the Federal Government enacted and the President signed a law known as Pie. Federal Welfare Reform Act. One of the provisions in that Federal Law basically says that it; al residents, you know in the different States are not eligible to receive supplemental sec:uv ,y income checks, medicaid or food stamps. In the State of Florida there is about 150, 160,, , 4) people that said that definition of legal residents that will not be eligible to receive these bent t s. In Dade County according to the information I have received from the staff of Aj)propriations Committee in Tallahassee, there is about.100,WO those. I know that in the City or Miami you have approximately 1.5 to 20,000 of those people who are pmently leprl reside.nts who romive supplemental security income checks. Noxiv the Governor has taken several steps to alleviate this crisis. And, he has basically exercised an option available under the frderal raw ! and the applicable 'Florida Welfare Law, whereby the food stamp will be continued, will continue to be given to these people on a tempamry basis. Also the Medicaid benefits will continue to be given to these people. But the Supplemental Security Income checim will be lost. At the present time, there is Federal money because of the Federal Welfare Reform Act, to continue with the benefits and there is really no State money that has been allocated for this purpose. Now what that means in dollars and cents is that Dade County will suffer and donne; C the course of a year, a Ios, a financial impact of anywhere between four hundred and five i hundred million dollars ($400,000,000 and $500,000,000). Each one of these recipients receive i approximately four hundred and fifty dollars to five hundred dollars ($450-$500). And if you multiply %at tithes.. let's say 15,000 within the City of Miami, where you have a very' severe and,. serious financial impact, and that's a direct impact. We all know that people spend tl!eir mi tee, and therefore if you consider the snow ball effect, it is a much larger problem. And this is lint even mentioned in the human side of it, the people that could be thrown out on the streets. The additional hundreds of thousands of homeless we could have throughout the City. So what I have done is I have filed a Hill in Tallahassee basically asking the State of Florida for, that on a temporary basis while these people are applying for the U.S. citizenship that the State of Florida somehow find the monies, steps into the shoes of the Federal Government and ,finds the money to alleviate the final crisis that all of these people and oui different municipalities will be going through Now, you probably, if you watched the .news last night, you will see that there waL flash basically saying that the notices that HRS (Health and Rehabilitative Services) hk;; w ser,Id out before the money is cut off will not be sent out now until the month of January, maybe February. So the first time that this impact will be felt will be in March instead of next M. ondt ., a . had been expected. But that is only a temporary solution and what 1... Also my proposed... trey €30 September Y5, 1996 .i� Bill basically says that for those people who are 65 years of age or older and who have aw'?ted for a U. S. citizenship and for reasons beyond their control Cannot obtain it, that the State -if Florida will step in. If we don't do nothing, if the State of Florida doesn't do anything end simplyy says this is the F641cral Government problem and Federal Government says well, I tncan there Lis law that says that they are not entitled to it. I don't have to tell you what the problem is doing be. It is going to be right here in Dade County. it is going to be in Miami, Miami Brach ring And you know we are going to have very few alternatives. Either we are going to reduce the servica drasticsily, we are going ,to, increase taxes, or we are going to put peal le.- let them be homeless on the strexts. And I think if any one of the three alternative% a c• °as�ly unacceptable, for that reason I ate asking you for a resolution at the City of Miami. f you cannot support my Bill the way it is written, at least support the concept of it and the basin the concept of it Is, that this is a smatter for the State of Florida to step in and try to reselve a -Ad should not be gust dumped on the laps of the County or the City. And if you have any question ., "I'll be happy to answer them. Mayor Carollo: Do my colleagues have any questions on it, we could either do it, either way. Commissioner Plummer: I don't see. There is no question in my mind that Dade Ownty more affected than any other place in the State of Florida. And it is without a doubt goir.,. to create a problem here that is going to be in%urmountable. What you are asking, is, to ."A :e State of Florida to alleviate at least on a temporary basis until determinations are made hat to feet that they step in and eliminate any chaos that might exist.. Rep. Rodriguez Chomat: 17hat's correct. Vice Mayor Gort: I move in favor of the resolution. Mayor Carollo: There is a motion by Vice. Mayor Gort. Commissioner Plinnmer: Second. Mayor Carollo: Seconded by Commissioner Plummer. Commissioner Plummer: And Mr. Mayor I would suggest to the Representative that if he'll get me an additional copy I will take it with tee. I'm supposed to be this weekend in Key West with the Florida League Cities and I"will make sure that they get a copy of it, asking these to supp+ucc the issue. Rep. Rodriguez Chornat: Thank you. Mr. Mayor if I may, if this resolution could be reduced to writing and I be provided with a copy I will really appreciate it. Mayor Carollo: Very good. Mr. Cleric can you reduce that to writing by tomorromr please? Mr. Walter Foeman (City Clerk): Yens, Mr. Mayor. Mayor Carollo: So that Representative Chomat can present that. 0& ran you call the roll; please? 81 September 26,1996 iv The following resolution was introduced by Commissioner Gore, who moved its s;�oi;►s RESOLUTION NO.96-672 A RESOLUTION OF THE MIAMI CITY COMMISSION SUP' '1R: A PROPOSED BILL TO BE PRESENTED TO THE LEGISLATURE OF 1`HE S FA'. E OF FLORIDA AT ITS NEXT SESSION RELATING TO 'WELFARE 1*.LPOIRM; PROHIBITING CERTAIN DISCRIMINATION IN THE PROVISION OF MEDICAID AND OTHER PUBLIC ASSISTANCE TO LEGAL RE.SIDEM OF THE UNITED STATES, AND OTHER ISSUES AS fiTIP€.ILATED IN SAID PROPOSED DILL; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESQLV110N TO THE MEMBERS OF rdE DARE COUNTY DELEGATION. (Mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed rrd ,-;1opted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor `iYifredo Gort Mayor Zoe Carollo NAYS: None. ABSEN'r: Coamniasioner Regalado Mayor Q wllo: Thank you very much, Rego;, Rodriguez Chomat: 'I"lwnk you Mr. Mayor, thank you Commissioners. 82 September 26, 13'36 a. FA. w«...r...........r................................................... u......................ew u........,........,........... 5. (A)RESCHEDULE NOVEMBER 14, 1996 MEETING TO NOVEMBER 21, 1995, (B)MVIERGENCY SC HEDULE MUNICIPAL ELECTION TO FILLOGROUPP V CO MM. SSI N TEMPORARY VACANCY FOR NOVEMBER 14, 1996,. UNLESS SAID VACANCY IS FILLED BY THE ELECTION OF A CANDIDATE AT THE NO:11PA1R'TISAN PRIMARY ELECTION OF NOVEMBER S. 1995. (C)MAYOR CAROU O NOTES PROBLEM WITH ABSENTEE BALLOT PROCESS -- MAYOR CAROLLO REQUESTS DAVID LEAHY, SUOERVISOR OF ELECTIONS, METROPOLITAN FADE COUNTY, TO MEET WITH III.M AND WITH STATE ATrORNEY'S OFFICE REPRESENTATIVES TO REVIEW PROCESS -- To STRENGTHEN PARAMETERS FOR A13SEII'EE VOTING, ...�:...........w.......... ....... ..,........... e............ .....................,.......------------------- Mayor Carollo: Mr. Leahy. Mr. David Leahy: Mayor, Commissioners. I am David Leahy, SulmrYisor of Elections for V-s le County. I am here to recommend to you that if a regular election is needed followinV :he primary election of November Sth to fill the Group V Commission Neat that that el.ectio: be. conducted on "Thursday, November 14th. Normally you have a one week turn around, *hich would have been November 12th but the day before November 12th is Veteran's Day and ff., would cause my depanment serious problems in being aisle to get ready to conduct the' regur election. Normally we would be delivering all the voting equipment for the regular election o;, that Monday. Most of the polling places will be closed down, such as all the schools we use. SO we would not be able to deliver equipment as we normally do. There is also problems with i absentee ballot, mailing and returns with... Mayor CAroilo: There is some major problem with absentee ballots Mr. Leahy, major problem. Mr. Leahy:... well in terms of delivery and returns with Veterans Day with no mail delivery that would be a serious problems. Site also have to prepare the books adding a lot more registered voters who register between one book closing and another, and all the people that make changes at the' rresidential election. So ray recommendation is to move the regular election, if necessary, to November 14th, which is a Thursday. Commissioner Plummer: The regular or the Pmoff s Vice Mayor Gort: The ninoff. Mayor Camllo: The runoff election. Mr. Leahy: Well, it's actually called a regular election. The primajr, is your November Sth. Commissioner Plummer- Oh. OK, all right. Mayor Caroilo: Yeah. Commissioner Plummer: Mr. Mayor, the question that w-as proferred prior. Traditionally the Commission in November and December has ac5uiesced to one day, two meetings. Now in November because of Thanksgiving and of course to December bea use of Christmas. 83 September Z6,199t 1 Mayor Carollo: `What's correct. Commissioner Plummer: And are we of that thought today, that we are going to change ,:�e meeting in November especially which is what we are talking about now? Mayor Carollo: That is up to... Commissioner Plummer: Or does anybody have any objections? Mayor C"arollo:... that is up to the will of the majority of this Commission, Commissioner. Commissioner Plummer: All aright. Well let's lay on the top of the table. Mayor Carollo: Yes. Commissioner Plummer: Commissioner Dunn is running., Mayor Carollo: That's correct. Qsmm.issioner Plummer: OYL And as such, I -would tMink that he would want to be free, f.x)t loose and free on that day to go out and to do his campaigning. So that's the only hang-up you might say that I have aboout having it on the 14th. Yet, if we are going to change to May, November the 21st for two meetings in one day, then there would be. no problem, of which I have no objections to. Mayor Carollo: Well, that's one alternative. We could have it before that or we can have it right after that and have two meetings right after that. Commissioner Plummer: The only problem you have, Joe, is the ten day notice for advertising; Mayor Camllo: Yeah. It's up to this Commission now,111 be open for any suggestions. Commissioner Plummer: Well let's try it on for size. I'll make the motion at this time that we in November we, 21st all %right? Mayor Carollo: "Twenty first will be fine with me. Commissioner Plummer: Tisat 21st be designated as the meeting in the morning as a regular commission meeting and that the afternoon be the planning and zoning. Let me make thr•t motion first and then I'll make another motion after that. I so move. Vice Mayor Dort: Second. What time? Commissioner Plummer: Well 9 o'clock for the regular meeting and 2 o'clock for Planning and Zoning. Mayor Carollo: There is a emotion, there is a second. Commissioner Duran: I have a question mally. Mayor Carollo: Sure. Commissioner Dunn: it's for me. Am I at liberty to vote on this issue since... 84 September 26,19E J r Mayer Girollo: Of course, absolutely. Commissioner Plummer: Oh, absolutely. Yeah. Commissioner Dunn: ... I am sitting; up her. Mayor Carollo: You are sitting up here. Commissioner Dunn: Oh, OK. OK, all right. Mayor Carollo: The only other person we have to check with is Commissioner Regalado. Commissioner Plummer: That he has no objection, subject to that. Mayor Carollo: Yeah, sure, OK. That's fine. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner. Plummer, who mowed its adoption: RESOLL.rTION NO.96-673 l i } i,. y t . A RESOLUTION RESCHEDULING, THE FIRST REGULAR CPI'Y COMMISSION MEETING OF NCB'v%MBEK TO COMMENCE AT 9-,00 A,K ON NOVEMBSR 21 1996; FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF NOVEMBER TO COMMENCE AT 2:(ld P.M. ON NOVEMEER 21, 1996. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Conimissi�jners Richard P. Dunn, II Commissioner3.L. Plummer, Jr. Vice Mayor Wifredo .sort Mayor J(?e Carollo NAYS: None. ABSENT: Commissioner Regalado. 85 September 26,1996 Commissioner Plummer: I'll now make a motion that we acc*pt the recommendation of -.or. Lahy, that the primary election be November the :nth and that the runoff, be Moveailxr the i uh. Mayor Carollo: 'There is a motion, do I hear a second? Vice Mayor Gott: Second. Mayor Cexollo: Second by Vice Mayor Gort. Dearing no further questions, or objections, all 'An favor signify by saying "aye." The Commission (Collectively): Aye. Mr. Foeman: Mr. Mayor, excuse me. it's an Emergency Ordinance;, Mr. Mayor. Mayor Carollo: OK, it's an Emergency Ordinance? Mr. A. Quinn Jones, .III (City Attorney): Yes., I have it. Mayor Carollo: Then you better call the roll and read the rah... Commissioner Plummer: Oh, you got it? Mr. Jones: Yes. Commissioner Plummer: 0& I am sorry you've got to read the Ordinance. Mayor Qurollo: Call the roll, please. 86 September 26,19% An Ordinance entitled AN EMERGENCY ORDINANCE ORDINANCE, WITH ATTACHMENT, SCHEDULING A MUNICIPAL REGULAR ELECTION TO FILL THE GROUP V COMMISSION TEMPORARY VACANCY, SAID ELECTION TO BE HELD [.UNLESS SAID OFFICE HAS BEEN FILLED BY 711E ELECTION OI' A CANDIDATE AT THE NONPARTISAN PRIMARY ELECTION TO BE HELD ON NOVEMBER 5, 1996, PURSUANT TO ORDINANCE NO. 11396, ADOFf ED j SEPTEMIBER 16, 1996; AUTHORIZING THAT SAID REGULAR ELECTION ICE 11 SCHEDULED 'FOR THURSDAY, NOVEMBER 14, 1996, SO THAT THE PREPARATION REQUIRED BY THE METROPOLITAN DADE COUNTY SUPERVISOR OF ELECTIONS FOR SAID ELECTION DOES NOT CONFI.X7 'WITH THE OBSERVANCE OF VETERAN'S DAX, A NATIONAL HOLIDAY; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELEC'i"IONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAII6,4;Z E; UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FUR HOLDING SUCH ELECTIONS; DESIGNX ING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS ORDINANCE AND 'i 4E PROVISIONS HEREOF; DIRECTING THE E, CITY CLERK, TO TRANSMI-" A CERTIFIED COPY OF THIS ORDINANCE TO THE METROPOLITAN W i IE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. SCHEDULING A MUNICIPAL REGULAR ELECTION way► introduced by Commissioner Plummer and seconded by Vice Mayor Gon, .or adoption as an emergency measure and, dispersing with the requirement of readixt_g sauce on two separate days, was agreed to by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. `lice Mayor Wifredo Gort Mayer Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado. 87 September 26,1996 M 'ftheremppoon the Commission on motion of CA)mmissioner Plummer and seconded by Vice Mayor Gort, adopted said ordinance by the following vote: AYES: Commissioner Richard P. Dunn, 11 Commissioner J.L. Plunimer, Jr. Vice Mayor Wifredo Gort Mayor Joe Qt`0110 NAYS: None. ABSENT: Commissioner Tomas Regalado. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11397. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Carollo: Mr. Leahy, before you go, I have a couple of questions for you. I know that you are of the opinion that if people work real hard to get absentee ballots that will account for real wide differences between the votes that individuals might acquire on election day versus 64,: votes they get in absentee ballots. But, do you really think that's all that's happening here when you have candidates, for example, who receive 45.28 percent of absentee ballots in a C'ty election but only receive 17, 18 percent of the votes on election day? Mir. Leahy: Mayor we... Mayor Carollo: Is that logical, or is that fraud that is ;going on here? Mr. Leahy: It's not necessarily or potentially fray d. 'There are some candidates who woik thy: absentee ballot process very hard, do mailings to all absentee ballot voters. Send request forms to potential absentee voters. 'That can account for a difference between their polling place vote ,and their absentee ballot vote. Mayor Carollo: So absentee voters in Miami are the only ones in the whole country that will vote differently than absentee voters in any other city in the United States, where their votes are almost a mere reflection of the votes of the regular voters that vote on election day? See, Mr. j Leahy I am having a problem with this between the stories that you are constantly giving and what the State Attorney's office reheats from your story. What is happening in our community. whether you want to admit it or not, or whether you and some of the others in authority want to do anything about it or not is that we are having widespread corruption in absentee ballots. 'That's htuting the very existence of our democracy and undermining our governments. And I would hope that you would take whatever steps are appropriate or give whatever recommend4micnsy you need to make so that the appropriate agencies can take the appropriate measures to stop this. This is not the only elections that this has been happening in. This has been going on constantly for several years now. And this is something I will tell you, I would do everything within my power to step. And if the local people that are in charge of this want to look th.E• other way, for whatever reason, I will take whatever action needs to taken including going to the Governor of this State and asking for a special prosecutor to be assigned and the powers given to the Florida Department of Law Enforcement to get involved and putting an end to this once and for all. My other question to you sir, is the following. And I would like for you to explain to us, since you are here what is the procedure and the only reasons, if 1. may add, for anyone to be able to vote absentee. As I understand it, and correct me if I am wrong, the only people that are allowed to vote absentee are either those who are sick or ill and cannot go to the 88 September 26,1996 W polls or someone that is going to be out of town on election day. Am I correct in that or are there any other reasons why someone could vote absentee? Mr. Leahy: Basically the wording on the State i,aw, the two reasons you cited, I am unable without the assistance of another to attend the polls, and the second one is, and it has 'heen changed to being out of the County, it's now I will be out of my precinct during the hours . i.. poles are open from 7:00 a.m. to 7:00 p.m... Mayor Caro110: OK.. So now... Mr. Leahy: 'Those are. the two mayor reasons why people are legally allowed to go to absiLritee,. =they Carollo: So the wording in State Law is that they will be out of their precinct. In other could be... if they would vote here in Coconut Grove at the Fire House which N where this precinct lies. If they would be over at the Miracle Center, they could actually meet the intent of the law, if they are going to be there that dry, and ,out of this prwinct? Mr. Leahy: That's correct. Mayor Carollo: Well then, that's one of the; things that we need to change because what ;$ happening now is shameful. When you have people lining u being brought by buses or vars days before an election to be voting absentee over at your building or some other places in Miami that is shameful. Tliat is going around the intent of the law and in my personal opiniu-,., it's a real violation of the law but nevertheless we will do whatever we can to make the very tight through the State Legislature. Mr. Leahy: I welcome your help. I am in total agreement with your statements. But I can .0%-. tell you that State Law will change on January 1, 1997 and that will be basically one rw.ason � r opening, or allowing people to vote absentee ballot and that's something like, I am unable attend the polls period. Arid they will sign that and all the other reasons have been taken out State Law as of January 1, 1997. So I welcome any efforts... Mayor Carollo: So you are saying in January 1, 1997 it becomes even easier. Mr. Leahy: That's correct. So I will be glad to work with you... Mayor Carollo: Well... Mr. Leahy:... my sentiments are the same as yours. Mayor Carollo: I will very much appreciate it if you could suggest language that would make that air tight. And if you could send it to my office at the same time, I welcome a meeting wi,h. you and the representatives from the State Attorney's office, that might have some furthci suggestions to come up with wording that we could present to the State Legislature to stop the abuse, the fraud and yes, the corruption that we have in absentee ballots here in Miami. Mayor Carollo: Commissioner. Commissioner Dunn: Mr, Mayor, I have a question I would like to pose to Mr. Leahy, It has also been speculated that people are voting more tharx once. That has been, you know that's despicable. People are voting more than once, dead people are voting. Commissioner Plummer: Wait a minute. You bless them, I bury them. i 89 September 26,1996 I W Commissioner Dunn: What precautionary measures could we take, I mean to put an end, I mean It's outrageous, i mean... kUd I'll say this for a fact. My grandfather's name is still on the rolls and he deceased In December of last year. Commissioner Plummer:... till they have a purge. Mr. Leahy: Let me address a couple of those things, Commissior . We. receive a list trom State Vital Statiatim every month of those people who are deceasec' .i we remove those people j from our rolls. We go beyond that; we use the obituary in the He j because 'Vital Statistics is two months, late and they don't always include the narnes. So we take off everybody we have any information that is deceased. In terms of people voting twice, we take great strides in making sure that anybody who votes absentee ballot is not also voting at the polling place. I will be glad to sit down with you and go through the procedures. I cannot guarantee and I will be very candid with you that somebody cannot register twice.. With the new law that we have, people can register, we never see these people. They send us a registration form by Federal Law we are required to put theta on the rolls. They can vote by absentee ballot, we ,may never see these individuals. 'There is the potential for fraud and there is also the potential for fraud in the absentee ballot process, much more so than in the poking place process. And my organization, Supervisors of Eltrctions work hard to get laws to protect the pw-ess, but we are often times at a disadvantage and laws are often passed to open up the process even more, making it moic accessible, well I understand that, but they also increase the potential for fraud. Commissioner Dunn: What monitoring process could be, in place to perhaps, you know, keep that from happening... Commissioner Plummer: 'Their signatures. Mr. Leahy: 'There is no monitoring... Cominissione: Dunn:... you know the possibility, there is none' Mr. Leahy: ... there is no monitoring process again unless you go back and change the law. If you require people to submit a birth certificate or .uaturali7ation papers at the time that they register to vote, that would tighten it up. But Federal Law prohibits that kind of ability to do so. We don't even have the ability to check it after the fart. Commissioner Dunn: That's, that's... Mr. Leahy: I.have, we have worked with INS (Immigration and Naturalization Servim). I have worked with the FBI (Federal Bureau of Investigation) to try to do that and we have determined that it is impossible, the INS records are not that weal kept. Most of there are not on computer and we have, I have spent hours and hours with the FBI and INS and we have not been able to find a way to do that. But I'll be glad for any additional suggestions, and yes, I ant as concerned as you are. C;ommiss€oner Plummer: Let me, if I may David, bring out one point. Mr. Leahy: Yes. Mayor Carollo: It's notbing relating to what they've said. But just so that you know that people are unhappy. People in my particular neighborhood of Bay Heights, which is next door to me expressed to me every time there is an election that they have to cs)ss over the precinct of the Museum of Science, which is where they used to vote to go down to the school on Miami Avenue and 12th Street. And that it seems ridiculous to them, and I have had from other arcs 90 September 2ffi,1%6 that they have to cross their precinct, whiah is right neat door, go by it and go downtown to ,ote. Now, I don't know what the reasons are for that, but I am just telling you that that has ('ken �expressed to me every election day that people are unhappy, that they fiave to go right.. and y their old precinct to go downtown and they still live in the same place. Mr. Leahy: Commissioner, l will be glad to look at it and I'li ire you a call and tell you what '. can find. As you know, when they created all the different districts, congressional state house:, state senate, 'rhe City of Miami, particularlydowntown Miami, Coconut Grove really got carved up by all the different lines and voting places don't make any sense neither do the precincts based on that. But, I will look at that situation for you. Mayor Carollo: Do you have, David., any different scenarios in maps at your office 1 don't know if you have ever done any in the past, or bored can the information that you have, you could put some together real quick on drawing districts for the Miami City Commission. Mr. Leahy: We have that ability, we could do that:. Mayor Carollo: 'Would it inconvenience you greatly if you could do some projections of pz)ssible districts for the City of Miami Commission? Mr. Leahy: It depend<a on how faat you would like it, Mayor. Mayor Carollo: How quick can you do it? Mr. Leahy: With these elections it would be difficult at this point to do it. The staff that does aii the tabulation and how the system work. If you can wait until right aftei November 5th, I will jump right on it. Mayor Carollo: OK. Can you do it right after November 5th? Mr. Le-ahy: I will be more than happy to. Mayor Carollo: Well actually after November 14th. Mr. Leahy: If you have a regular election, Mayor Carollo: We will. Mr. Leahy: I will be happy to work with you on that. Mayor Carollo: I appreciate it, thank you. Thank you for your patience corning. Mr. Leahy: 'Thank you. 91 September 2 ,1996 rr.y.ru-••,.nw-.ro........•...r...oa..wren..^........+.............antra.......w------------w-----w-......... 6. ACCEPT IN PRINCIPLE MEMORANDUM OF INTENT WITH FLORIDA SPORTS ENTERPRISES LIMITED PARTNERSHIP INC. ffSE), TO BRING MAJOR LEAGUE SOCCER TO ORANGE BOWL -- GRAN r CONDITIONAL APPROVAL FOR 90 DAYS -- REVIEW CONTR.A,CT FOR FINAL APPROVAL AFTER OCTOBER 19, 1996 OWNERS MIEETING. ...................... -.......................................... .......... .-....� ...�.�a..�e�1�in. Mayor Carollo: One last item before we get ort to the regular scheduled items. Christina Abrams, if you could conic up, please? This is one of those rare iterrts that we deal witti nowadays where it will hopefully bring the City of Miami some very badly needed revenue, And this is a Memorandum of Intent that hopefully will bring us major league soccer to tilt Orange Bowl and bring Miami major league teanns to Islay soccer at the Orange Bowl. If ywj could explain to the C )mmission what this is all about please? Ms. Christina Abrams (Director, Conferences, Conventions and Public Facilities Department): Yes. We are requesting the City Commission's approval of a Memorandum of Intent with the Florida Sports Enterprises to play, to bring .major league soccer to the Orange Bowl Stadium. That will mean that they will play 1.6 home games a year, and that we will have a revenue sharing where they take parking, and we taken concessions, ticket surcharge and we estimate cite revenue to the City tamed on 16,000 attendance at the Orange Bowl which holds 74,000 to 1w = •. the area ,of seven hundred and seven thousand dollars ($707,000) and we recommend approval. Mayor Carollo: Have you, even though this is not a long Memorandum of Intent, actually pages beimuse the last one is only, -where they signed. Have you given copies to the rnennbt the Commission on this? Ms. Abrams: No, sir. The first time that we presented it was to you last night at 6:30 and .vt can make copies of it right now. Mayor Carollo: OK, well it... Ms. Abrams: If I can go briefly over it though? Mayor Carollo:... well can you go over it for them and maybe someone can be making copies in the meantime, please. Ms. Abrams: O& thank you. All right, the initial term of the agreement is for five years. With the option to renew every year for five years thereafter. The use period is for 16 home games and they will have the right to practice in the Orange Bowl Stadium. The first three years the use fee will waived, the 4th and 5th year it will be increased 6% the 4th year, 6.5 of gross ticket sal the 5th year. Tickets where they are entitled or they are requesting 1,000 complimentary ticks is and the City will get 500. They will pay a ticket surcharge of $1 for every ticket sold. They �,iIi operate the parking and also provide the staffing. The City will of course operate, and rnai, air the stadium. The City will receive 10096 of all concessions, food and beverage.. F' :` will receive concessions of novelty. Advertising revenues will be split in the same mane: as the University of Miami with their cooperation. They have requested the right to name the Orange bowl with the approval of the City Commission. Commissioner Plummer: Huh? Mayor Chrollo: You better explain that one real cle&r. 92 September 26,11�y6 rl Ms. Abrams: OIL. All right, professional sports learns would like the right to name the Orange, or name the stadium, reserving the name grange Bowl Stadium, in the name of the stadium --nd they request the right to be able to name the Orange Bowl, for example American Airl, Otis Bowl. Commissioner Plummer: We are saying no. Mr. A. Quinn Jones, III (City Attorney): There is a problem. I don't know Christina, I don't know whether we reviewed this or not, but this is the... Ms. Abrams: Yes, you did. Mr. Jones:... same scenario that we went through with Bayftont Park... Commissioner Plummer: Yes. Mr. Jones:... to remain. And there is case law that basically says that you've got to cut y-ou've. ,got to co+bpetitively bid the use of, I mean for the use of that name. I don't know who ivy iewed it, but 1, we discussed it before. That is, that's something that the City lust cannot give away the use of its name without getting the best, the biggest dollar for whatever the use is going to be. Ms. Abrams: OIC, then I guests I will refer to tl:e, representatives of... Mr. Jones: We ne4 that needs to be revisited. Ms. Abrams: CIO, what the agreement was is that whatever revenues derived from the naming rights of the stadium would be sprit equally, 54 percent City and 50 percent IFSC. What the Law Mpartment is recommending is that we follow our normal procedures for advertising rights and that would be amending this agreement to include that provision. Commissioner Plummer: Yeah, but how would that sit, Christina, with the University of Miami, for example': I mean they,, you know, they play in the Orange Bowl. Ms. Abrams: University of Miami has the right to advertise, they have exclusive rights } 1 advertise in their score board. Commissioner Plummer: No, I am saying the name. The name of the stadium is what... Ms. Abrams: CIK. i hey have no rights to the name of the stadium. Commissioner Plummer: OK, they have no rights to the name but you kriow, they have... Ms. Abrams: One thing is that we put in the advertising is they have to work it out with the University of Miami 'because should they put up any permanent advertising, you know tlAt advertising of course, will be available during University of Miami gasses. And University of Miami I assume, would want to share in the, revenues from that advertising. So we have put in an'agreoment that this is subject to University of Miami contract and subject. to University of Miami approval. Comnnissiouer Plummer: Axe you saying that a new name would incorporate the name Ormige, Bowl in it? Mayor C arolia, It has to. 93 September 26,19 46 hi Ms. Abratris: Correct. Nlayor Carollo: It absolutely must have to. Ms. Abrams: Correct. It has to. That is the requirement. Assuming, just to give an idea to the Commission the revenue here is. You know college stadium type 'naming rights generate a mihimum of hundred thousand dollars ($.e1u,(x0U,l a year to the owner of the facility. Commissioner Plummer: My understanding... Ms. Abrams: And as for ppa games it goes as high as a ,million. 5o that would be a signifiaa►a amount of revenue to the City. Cornmimioner Pluurnmen My understanding that the pro players stadium in the north enc of town was worth two million dollars ($2,000,000). Now, you lmow, knowing how we imed revenue, I might consider two million dollars ($2,( 1,000). Ms. Abrams: And it's subject to your approval. Commissioner Plummer: tJ& but I'll tell you. To me, that Orange Bowl, I grew up in the Orange Bowl. Ms. Abrams: Something Christina asked me to remind the Commission is, in our projected revenue, we. didn't include the revenue from the naming rights because we just wanted to have as c onsenrative a figure as possible in our negotiations. C -immissioner Plummer: What atyaut the surcharge? Ms. Abrams: We get that. See the surcharge goes to maintenance and improvement , if stadium. Commm' ioner Plummer: All right, so in other wards we still get dollar a ticket? Ms. Abrams: Absolutely. And then after three years once a league has become popular' Rad attendance increases then they will start paying us the; rent fee. Commissioner Plummer: Who pays, let me ,go down.... I know it and I remember the contract with Robbie. Who pays for the police, the ticket taken... Ms. Abrams: They do. Commissioner Plummer: Parking lot attenuants? Ms. ,Abrams: They do. Commissioner Plummer: Clean up? Ms. Abrams: They do.. Commissioner Plummer: They pay 100%. Ms. Abrams: Correct, 94 September 26,1996 Mayor C.amlio: Food concessions? Ms. Abrams: We get a hundred... Commissioner Plummer: Food concessions, that's with another, that's with volume services, I ! assume. Ms. Abrams: °That's our, that's really our main revenue stream to the stadium. Commissioner Plummer: But we get 4.1 point, 42.1? Pelts. Abrams: Well we receive. 100% or the revenue to the City and that is, you're correct 42.1, 42.5. Commissioner Plummer: Hey, I love the idea we get 100% but we.. i.' Mayor Carollo: Parking, parking? Ms. Abrams: I am sorry parking. Parking, they operate the parking lot, they pay the staffing and they receive the revenues. Commissioner Plummer: Is there any conflict,.. Mayor Carollo: OK, I just want to get everything out on the table. Ms. Abrams: Of course. Commissioner Plummer: Yes, is there any conflict in any of the dates with the University Miami:' W. Abrams: No, because they will be playing during the Summer season and University of Miami co ntract has a provision that nobody, that the stadium cannot be used i ve days before their games. Commissioner Plummer: And how many days of practice are they entitled to? i Ms. Abrams: That is, the specifics are to be negotiated. Mere it just references that we will t, provide the stadium to them to practice. Commissioner Plummer: Well, no, no, no. Excuse me you know, that turf can only take so j much abuse, I mean are ,you talking about possii�ly five days of practice, ten days, I days. I 1 think we've got to know because as you well know by now, if ,you had more than eight games of the football., you'd have a major problem in that stn.., well not no, I am sorry, not, eight because we used to have University and the Dolphins. But I mean there is a point where it bewmes a d problern and I ,mean, out there spraying green paint just to make it look good for 'TV doesn't al*%ys do it, Mr. Mayor may I ask a question... Mayor C`.arollo: Co ahead sir. Commissioner Plummer: ... of my colleagues? I would like to see that we accept this tit Principle but I think we've got to go more in depth into this thing to understand fiully, you know, that we like the idea, the only ama. that I'vP got a major problem is renaming it. I've &(A a problem there. I am not going to deny it to you. 95 geptemt mr 26,1996 i n Mayor Carollo: We:11, when we are talking about renaming it, we are not talking alx)ut Wh ing 0111, nAme orange Bowl out. We are talking ahout naming it the orange Bowl J. L. Plumrocr Stadium for instance. Vice Mayor Gore That wouldn't work. That will never work. Commissioner Plummer: You sound like: the Mayor, the former Mayor around here who said if I would drop dead he would name the police station after sae. i Ms. Abrams: Can I also clarify that the reason that we are doing this Memorandum of Intent, is - bemuse the major league soccer commission meets October 19th. At which time they are going to decide and vote on whether they should bring, add a new team and whether they should it to Miami, The purpose of this Memorandum of Intent is to give Florida Sports and Exhibition a tool so that they can take it to the Cctcmnission that says, please consider Miami, this. is $he agreement that we have and that we are ideally suited for soccer and add a vehicle for theta Eo vote to bring the teach here. Commissioner Plummer: And what date is that? Ms. grains: October 19th. C4manLssioner Plummer: But we meet again on the 10th. What I am saying is, I would male a motion if it's acceptable to accept in principle that which has been proferred for a final vote to be ion October the 10th. Mr. Bruce Frey: Commissioner, just several points. I am Bruce: Frey from Florida Sports, and if I can addrem the Commission, please? Mayor Carollo: Go ahead, Bruce. Mr. Frey: First of all, in tens of a practice field, our practice is in the area of two to foot day.. a wear. 'There are many other areas that we can... Commissioner Plummer: How many weed Mr. Frey: We are talking about a 16 week season. Ale are talking about 16 homes games and 16 away games. I am sorry, 32 weeks. We talking about a situation where there are many other practice fields that we can utilize. We'd like to use obviously the Orange; Fowl facility because its familiarity with the field and I think that is imponant in terms of our sport. We are, several months ago we had the exhibition and the expansion. I am sorry, the expartsion committee in to visit us, we showed them the facility which we are very proud of in this, great City to Erring them to the O nge Bowl and the improvements that were. made. We are competing with other counties in terms of this sport. This is a major sport. Soccer is as you know, probably one of the most popular sports in Europe, rf .not the most frapular it is becoming very strong here. We have ten `t-ara as. It's in major market including 1A (,Los Angeles) and Denver y throughout the country and we feel that bringing; it to Miami would be a great thing and we've worked hard to put it together. We are competing with other cownties, There are major sports interests that would tape to see it in Broward County. We feel the grange Bowl is appropriate to bring it here, and a great `Facility to play in. And in the sake of competitiveness, this lease was farmed and we worked very bard with the City staff to try to make it a Iair lease and one that is competitive to convince' the expansion committee. to bring it here. We had a visit with the Commissioner, we had a visit with the Chief Executive, Officer of the major soccer league, we brought ?rim here to Miar ti. We brought hire here to the Olympic ram. er games which were very suex;essfui and we !tope to secure this franchise for the City of Miami. Also Commissioner just to ,mention to you owe 96 September 26,199( mot. W Intent. We did got appproved two weeks ago and got approval from the Arena ,Football League tit bring the. arena foot l*11 back to Miami. We'll start playing; in the 1998 soason, we have bee.as approved. The tmnsaction closed today and it's our intent to bring; major sports back to this great City. Commissioner Plummer: Sumer. Mr. Mayor 1. would more you would, if nobody else has questions, I would move you... I'm sorry, I'll shut up. Mayor Carollo: too ahead, Vice Mayor, Vice Mayor Dort: Mr. Mayor, I have a question..I think this will be great for the Orange Bow! and we should bring it here and... Commiuloner Plummer: Absolutely. Vice Mayor Gort:... but the. one thing I would like to see. We've helped teams in the past ad the City of Miami has been very good to a lot of teams here. And then, after they have bec, very successful, they left the Orange Bowl and the City of Miami. Is there something in the contracts that we can tie for a long term? Mr. Frey: Commissioner, may I addums that? We are willing to commit subject to league .approval to keep the team here this.... You know we want this to be a partnetship with the City. 'We are, have made it a very important factor in our company to bring professional sports back to Miami. We atompted with the CEFL (Canadian Football League) until the CFL decided to pull out of the United States. As you remember the exhibition game that we had which Mayor Clark and I and the City presented and it was very successful. Our arena football has been approved and we'll be here in the year of 1998 with Paxson Communications. .And as a part of bringing major league soccer, Paxson Communications has committed to seven hundred and fifty thousand dollars ($750,000) a year of promotional advertising for the tears and the Grange Bove and that's why when we talk about the naming rights and splitting those revenues with P.. C.'y it - was all inzor rated in an overall economic package which _made sense to discuss in tern, of ►iur competition bau e we really are dealing with competition. There was an eight million dollar ($8,000,000) offer from someone in Broward County - I could only guess who. I've got r y guess on it - to brie* this to Broward. So we are going; to the owners meeting on the 19th and , V'e hope to secure this franchise for this great City of Miami. Mayor Carollo: Bruce, I have one question for you. VW.hy on the terms of the agreement, instead of just havingfive years with an option of five, one-year renewals, why can't we look at straight, fiat ten years? Mr. Frey: I think Mayor it was really a condition in discussing it with the league, since it is a first year league and they have a TV contract with FSPN which I aril sure you've seen, it's been on. They are in their finals right now. Mayor Carollo: I have, I've seen it. Mr. Frey: It was really tied into, as I. understand it to the TV contract. And, I guess it was rci+ly a league requirement rather than our desire to tie it in. The Commissionerrequested that and I assumed it was tied into the contract, I am not sure of it but I think that's the reason why. As far as tying it in to the City of Miami I thin: that can be done. Our intention is to keep it here oad we'll 'commit to that. And you'll have Florida Sports commitment to that fact. Mayor Carollo: Well, wlmt is the rule of the Commission? I think this is something that... 97 September 26,1996 Commissioner Plummer: I... Mayor Carollo: ... in light of all of the bad news that we are getting it certainly is... C«minissioner Plummer: Good piece, Mayor Chroilo:.A. fresh light of good mews. Visit: Mayor Gort: We can use it. Commissioner Phixr mer: Mr. Mayor, I would inovc you at this time the term of the Memorandum of Intent as proferred to us ttxby be granted for a period not to exceed 90 daya and a vote would be taken after the meeting of the 19th with the league. Commissioner .Dunn: Second. Mayor Carollo: There is motion by Commissioner Plummer, second by Commissioner Dunn. Commissioner Plummer: Well, the caveat we would make all subject after the meeting. Ms. Abrams: Right. Commissioner Plummer: We may or may not agree to the name change that's... 'Ibis is an intent. Mr. Frey: That's fine, Commissioner. I think that will fulfill our purpose in terms of going to the owners meeting, telling them that we have a :letter of intent and a commitment. Thank you very twich. Mayor Carollo.Thank hank you, Mr. Frey. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96 674 A► MOTION ACCEPTING IN PRINCIPLE A, MEMORANDUM OF INTENT WITH FLORIDA SPORTS ENTERPRISE LIMITED PART]'1ERSIHIP FOR A. PROPOSED USE ,AGREEMENT TO BRING MAJOR LEAGUE SOCCER TO THE ORANGE BOWL STADIUM; FURTHER DIRECTING TIME MANAGER TO BRING THIS MATTER, BACK FOR COMMISSION'S FINAL APPROVAL AF IT-R OCI'OBER 19, 1996, FOLLOWING THE SOCCER LEAGUE'S FINAL. VOTE ON SAID MATTER (SCHEDULED FOR OCTOBER 19, 1996). 98 Septcrnber 26,1996 bo Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.G. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Garullo NAYS: None. ABSENT: Commissioner Tomas Regalado ...................................................................................,.................................. ....................__....: .. 7. (A) DISCUSS AND DEFER. CONSIDERATION OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) FOR DEVELOPMENT OF BOATYARD/OPTIONAL AkNI CIL LARY MARINE -RELATED RETAIL TOOD SERVICE/RECMEATIONAL USES ON CITY-ONVNED WATERFRONT PROPERTY LOCArEED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY PROPOSERS ARE TO MEET WITI! DIRECTOR OF CONFERENCES AND CONVENTIONS AND PUBLIC FACILITIES TO REVIEW STAFF'S PROPOSAL, AND COMPARE DATA IN ORDER TO ARRIVE AT BEST RETURN FOR CITY. (B) DLRECT ADMINISTRATION: TO REPORT REGARDING AD VALOREM '.TAXATION CITY CAN DERIVE FROM PRIVATE DEVELOPERS, (C) DIRECT ADMINISTRA77ON: MAYOR CAROLLO REQUEST: TO PHYSICALI..Y SEE 901 ACRES OF LAND CITY OWNS IN VIRGINIA KEY IN ORDER TO TRY TO DEVELOP FURTHER. REVENUE SOURCES — MAYOR CAROLLO FURTHER INSTRUCTS ADMINISTRATION TO PROMOTE CITY'S RECREATIONAL ASSETS THROUGH CHANNEL 9 (NET), AND TO REMOVE DIL.APIDAiED TRAILERS FROM WATERFRONT IN VIRGINIA KEY. Mayor Carollo: OK, now we are in item number 2 of the regular Commission agenda, and Christina, you better be ready for this one. This is one of yours - not Cuetvo - Abrams. OK. Jack, areyou going to be helping her out on this? Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor, on this item, you asked us to come i back with the option, and the Manager this weekend asked Christina Abrams to prepaee an analysis. So I don't know how, if you want her to present her analysis first or to go nvw r the gg amended RAT° (Request for Proposals). 'i Mayor Carollo: �Ul&hever way they think is best to approach it. Probably your analysis wouli' be the best way of approaching this, sins: that will be the biggest change that we will make. Mr. lack Luftt (Director, Dept, of Comm-uni%y Pta,nning, ilevitaiixmtion): Rickenbacker Marina, currently under lease. The yellow is the Virginia Key Boatyard that we are discussing at the moment. Marine. Stadium is here, and there is some shoreline areas aud parking lots that 99 September 26,1.996 comprise the Marine Stadium property. This is Marine Stadium. The green and the pink . -e areas that are part of the Marine Stadium parking lot today. The yellow is the existing boatyard that is being run by Marinas, which is under consideration for the !'ease. The reconstructed lease document or RFP document that you see. Includes, as an option, puking up at some later date, 'herights to operate the blue portion of the mitrina. This remaining piece here is Rusty Pelican. .� that's the conte..xt of what we are discussing now. Marinas... Ma. Abrams will present to , Ta a financial analysis of the current operation of that marina. Ms. Cluisti.na Abrams (Director, Conf+ec r.=, Conventions and Public Facilities Department). Commissioners, the City of Miami De;nartment of Public Facilities took over the operation of the marina In December of '94. At that time, we acquired the property in disrepair, with significant problems that we had to overcome. km analysis of the '95-96 fiscal year shows that we ;are on track to make net revenue`s of two hundred and seven thousand dollars ($20 `,000), and that is for the operation of 260 racks with one leased fork lift and the other fork lift owned by the City. What we have done, at the Manager's request, is done a preliminary analysis of increasing the rack capacity, increasing the size of the vessels that the racks would hold, and also investing one hundred and fifty-three thousand five hundred and sixty dollars ($153,560) in capital outlays in the initial year. Our analysis of that, considering an 83 percent occupancy, considering Rn average rate of ten dollars ($10) a linear foot and an average length of vessel of 7S feet, we estimate a net in '96-'97, should those capital outlays be made, initially, of four hundred and thirty thousand eighthundred and forty-nine dollars ($430,849). The following year, once those capital outlays are expended, our projected net revenue is five hundred and thirty-one thousik-ad thirty-three dollars ( 31,033). We believe that we have the expertise and the resoum- '<> successfully operate that marina. We feel that it's a considerable cash influence coat-�huti. , the City and we request your approval and support in continuing to operate it and also inve.� g the necessary funds. NOTE FOR THE RECORD: Commissioner Regalado enter the m Comm scion c aer at 4; 3 p.m. Mayor Carollo: Christina, you have a financial analysis here that is from the present budget '95- '96, or the future projected revenues for '96-'971 and the future projected revenues for '97-'98, Let's start with the current fiscal year ending now, '95-'96. Ynu have here the net revenue to t*�: City of two hundred and seven thousand dollars, ($207,000). Can you explain this? I mean, !Ls this money that we actually .have in the bank that we took in? Ms. Abrams- Let me explain. Those figures were arrived using the computer -aided detailed revenue and expenditure report that shows actual revenues and actual expenditures. Nlova, what fs included in here is for the month of September, which we prorated over the last f w rran:-ths. you know, we got an average. But something that I do want to point out here, it also includes tint credit for the restaurant. Because the restaurant was paying us, or should pay us forty-t . o thousand dollars ($42,000) a year in their actual payments. They have paid us through, I belie ve, May, April or May, at which time, they haven't ;said us cash, but they have received a credit, bcause they were approved to spend thirty-five thousand dollars ($35,000�, and therefore would not have to pay us revenue for the end of the year. However, that is vfi 1 a credit to the City. And what we predict is in the next year too, should that stay exactly the same, and that restaurant not be renovated, and it continues to function in exactly the same manner, you know, we just continue the same revenue projection. You know, if that restaurant is renovated and that generates mom revenue, of course this prediction would go up. But we would tried to be very conservative. Also, for gas consumption, we have a functioning gas station there. And we took the gas sales of the Rickchbacker Marina neat door to us and tookk one-third of that for 196-97, 100 September 26,1996 and then half of that for '97-'98. So we provided conservative figures. I mean, we were tempted to go over, but, you know, we presented conservative figures. Commissioner Plummer: Is there a reason why, in the '95-96 projection you don't show us the... This column here that you give is the bottom line? Ms. Abrams: Yes. The reason is because in the City budget, we have, yoo know, we call them .. We have different terms for them. And also, we have a lot of internal service charges that, you know, reflect as an expenditure, and, you know, may not necessarily be used or not, but it is an expenditure that is reflected in our budget. In other words, things like communication, maintenance, fleet management. ?oven though we don't use fleet management, we have a contract for that. You know, these are just charges that are in our budget. So I didn't think, if we added these lane items, it would properly reflect the true operation. So I just took the bottom line figure., and I didn't list them separately. But they are here if you would like to review thews. Commissioner Plummer: No, I just... I'm assuming they are in line to bring out the 380. Let me ask a question here on the '96-911 as opposed to the '97-'98. The benefits of the salary people are more than triple. Ms. Abrams: Well, because right, now, these employees are temporary. They don't receive benefits, and, you know, they are temporary. Now, we can continue to let the marina operate temporarily and our operating expenses would be the amount. that I have for '96-'97. However, you know forty lift operators are highly trained, highly skilled employees, and I think it vrould be- a worthwhile investment to make them permanent employees. And that's why you see the significant increase in benefits, because that, of course, would follow the City's benefits. Agn..3 I am trying to give you as true and accurate expenditure as I could. Commissioner Plummer: I think... Now, others can ask questions, but what I think ve reap'.: need to get into at thiv point is, what would be expected if we go out in an RFP, wNi bind r monies are we looking to a private developer to go in and to spend? Are we going to :la, a t. s restaurant, which I think is now the Hut, is that what we are talking about? Nor. L,uft: Yes. Commissioner Plummer: Is that what the RFP would call for? Are we talking about a previous RFP where they had a very beautiful restaurant there, which the City could not afford to put out? Mr. Luft: Right. Commissioner Plumper: But we would be getting income from it and what... do you... What would you anticipate that the City would he getting from a private developer rather than City operaition7 Yeah, and it's a very, very complex question. Mr. I..uft: Right. We had appraised the property a year ago for an RFP. And a fair market appraisal of the property estimated that the City would get at least two hundred thousand dollars ($200,000), in the neighborhood of two hundred thousand dollars ($200,000) rent for thc. property. That was sort of a minimum based rent. With a full service restaurant, considerably expanded or improved upon what we have today, that rent could double. We cannot... we need to consider in the answer to this question the parallel issue of Marine Stadium next door. Because there is a possibility, if we proceed with a project for Marine Stadium of bringing in restaurants, and some other uses there, that would, in effect, move the restaurant from this site slightly over to the Marine Stadium site. We'd be achieving the same thing. So it's sort of six of one, half a dozen of tb�e other. Do you want a restaurant on this property, or do you, want to move it over and put it on the Marine Stadium site? We could do either. The advantage of the 101 September 26,1996 ors 1i Marine Stadium site is that it takes advantage of all the Marine Stadium parking, which we cannot tie up in this project, Nwause: we have to meet minimum parking requirements for thW stadium. Commissioner Plummer: Jack, you are missing my pint. if they went in there with. a... %i, was the name of that place they were going to, a restaurant from Ft. Lauderdale? Mr. Luft: Shooters? Commissioner Plummer: Shooters, Shooters. If you put a Shooters in there, there's no question in my mind - and it's not the kind of place that I go to - that there's going to be a lot more revenue... Mr. Luft: Right. Commissioner Plummer: ... from that kind of an operation as opposed to the revenue: from the. Hut. Mr. Luft: No, no. Commissioner Plummer: Now, they are: going to have to go in there and spend, I guess h") million dollars ($2,000,000)... Mr. Luft: Right, right. Commissioner Plummer: ... to put that type of a restaurant in that we are not, I don't think, in a capacity to do. Mr. Luft: CeMinly. What we have is probably three options here. 4n the one hand, you could consider just the boat racks and decide that we may wish to operate that ourselves, and proceeL with, you know, the minds of upgrades Mristina had talked about, and expect to improve upon that two hundred thousand dollars ($200,000) in revenue. "The green area... As I Said, the yellow area is the actual boatyard. The green portion here is where the restaurant in the past efforts was anticipated to be built. The only difficulty with that i-, we would probably have to use a portion of the yellow boatyard for parking, OK. .It's possible to share that parking with the Maune Stadium, but realistically, only if it was built as part of a Marine Stadium project, because you cannot tie up hundreds of spaces on Marine: Stadium in a lease, and then turn around and count it for the Marine Stadium operations. So the advantage of a second option... The first one will be just do the yellow boatyard by the City. The second option would be to combine this yellow boatyard with the green portion here, and do like we were tallying about in this ,R1rP, issue it for a joint development, a unified development, privately operated in total for a new boatyard and the restaurwt. The other advantage that would accrue to a private operator of the boatyard is they woaild probably consider an upgrade that would be beyond our means, such as enclosed racks, roof racks, that kind of thing. I don't know that we would have the revenues to go to that extent of an upgrade. We may, in time, if it was successful. But right now, I think a private operator would probably want to step in and try that kind of upgrade, so that would be one advantage. 'The third option would be to do the boatyard privately again, or publicly again with our Marinas Department, and combine this green site with the Marine Stadium, and still pursue the restaurant, but pursue it as part of a larger shoreline development of the entire marine stadium site. So we are not lasing the restaurant revenues. We are just moving thern over to the Marine Stadium side of the program. Commissioner Plummer: Jack, you're... The one thing that bothers me, you are not talking about. What are you going to do with the Marine Stadium? 102 September 26,1996 Mr. Luft: Old. Commissioner Plun.mer: I mean, I that's the very key. Ma. Luft: Right. Commissioner glummer: Because, you knew, I have heard anything .from redoing it to tearing it down. Mr. Luft: Right. Commissioner Plummer: Or anywhere in between. Mr. Luft: We... Commissioner Plummer: And I think that's very key in this equation. Mr. Lull: It... Mayor Carollo: Well, it is very key, J.L. And one of the biggest problems that we have had here is the same thing that we have had all over our waterfront. We've been doing things piecxmeal at a time, not looking at everything at one time, so we can combine the best use of all the parcels of lands that we've had. The Marine Stadium site can, and I believe will be made into a major money maker for the City of Miami. But, again, the way we've been going at this has been piecemeal, and I thinly we've been short-dimnging ourselves by doing it that way. Mr. Luft: The problem that we've had to fare... And it's difficult to overcome when we ta!k About leasing out the boatyard. This boatyard is, in effect, the pit areas for the stadium. If w% were ever to bring back major league big time power boat racing to the stadium, we wtwild have to come back into this leasehold to try to combine pit operations with that leasehold. 'That's difficult to do. Now... Commissioner glummer: Jack, Jack, excuse me. I'm no expert, but let me tell you. Mr. Lift: OX.. Commissioner Plummer: I ran the boat races for 22 ye. a is. Mr. Luft: Yes, sir.. Commissioner Plummer: And we did... w th cranes on the south side of the Marine Stadbun, we did that there. Mr. Luft: Right. Commissioner Plummer: Even though it was presently used. for bleachers and spectators, we did, in fact, on what I am calling the south side... Mr. Luft: Riglu. Commissioner Plumtmert ... we did through the use of cranes. Mr. Luft: Yes. 103 September 26,1996 ,is r11 Mom. Commissioner Plummer: The same thing we did over here. Mr. Luft: The cranes will work for the smaller stocks, stock boats. But the larger hydros have to have the ramp and the shore site servicing for the pit area. That's why there was always a setup on this site as part of the major hydro ram. Now, what we have been approached by groups such as Nass Boat is a reinvigoration of the whole racing program, and we've been listening to them and we... You know, you can believe it or not, but right now, it ap eam bemuse of the success of the Homestead Motor Sports Raceway and the interest, and fran ly, the huge financial success of that, the motor industry is now getting back into hydros and they are looking at sponsoring a significant numtvr of events. What I wouldn't want to do is handcuff the Marine Stadium and any potential for that in the near future, if that could work, because tying up this boatyard in a lease will crake that difficult to do. What we aright want to consider, just a suggestion, is giving six months, to take a lock at the actual prospects for Maria. Stadium. i think it may be possible for the Sports Authority to pursue that inquiry and see if we can't surface some legitimate investors and some major development opportunities for that. If that were to the possible, then we may want to presence this in City operation with this piece... joining Marine Stadium for a major redevelopment and redo. Mayor Carollo: Lett me say this for the record, Jack, since I am the Chairman for the: Spoors Authority.. The only reason that the Sports Authority's name has been brought up in this is because of the monies that we have that the City doesn't have. Otherwise... Commissioner Plummer: Joe, you know, unless I am extremely misinformed, I am told that a minimum of two million dollars ($2,000,000) on the Marine Stadium, minimum... Mr. Luft: Probably three. Commissioner Plummer: Probably three. Mr. Luft: But the groups... Commissioner Plummer. Now. Excuse me, excuse me. Let sae go to the bottom line of that. If I am not mistaken, also, the Marine Stadium has always required subsidy, and I think that the last year that itwas in operation was two hundred thousand dollars ($200,000) of subsidy. Mr. Luft: Right. Commissioner Plummer: I think I am in the ball park. Mayor Carollo: 'That's because we had your motor boat races there. Commissioner Plummer: No, that's not true. I brought money back to the City for that. Mayor Carollo: OK Commissioner Plummer: OK. But what I am saying to you is, do we. want to spend three million dollars ($3,000,000) to create a stadium that, in fact, is going to require subsidy but not . revenue producer? Mr. Luft: We would not recommend that. But if the stadium, as a boat race venue, could tad combined with concert venue, could be combined with shore side recreational conc;mions, and private investors were willing to step up and commit to that, which we are being told they will, then that's probably the best case scenario for the future of the stadium that we could imagine. 104 September 26,2995 And I think, if you want to think on the larger scale, best case scenario, that's probably an option we should look at, and probably we could take six months to look at that. Mayor Carollo: Well, we can, Jacks, but only if we are going to look at it as a whole, fr)r 6:a whole area, including the horsesh(n. We need to finally look at putting a marina there. Mr. Ludt: We look at the whole 200-avre basin. Mayor Carollo: Yeah, we need to put a marina there that's going to bring Millions of dollar wo the Ci 's confers that we badly need. We don't have to start with 2,500 slips, but we cmAd certainly start with 300, 400, 500 slips, Mr. Luft: We will give you a report on how that could be done. We think that the proper thing to do, Mr. Mayor, actually, is if you want to consider a marine stadium program of that sort, to include the entire basin shoreline, access around that shoreline, the property that they closed in, where we have six or seven ac yes to work with plus the IS acres of the parking lot, and think of it on a Band scale project. Mayor Carollo: I fully agree. In fact, Jack, what I would like to do next week is for you and I to sit dowry and go over the whole approximately 900 acres the City owns in Virginia Key. 'Then go over there, drive through ourselves, so I could see with my own eyes some of the areas that I hadn't seen in a while, and let's figure out how much of that %ye could start immediately puttir� out to bid, so that we can get some dollars in the City's coffers. There are many things that we begin in moving along now, within a very short time - some might take a couple of ye:», we can create activities that will produce significant dollars to the City of Miami. For instaw-,e, if we have a water theme park right across from the Seaguarium, that can bring significtimr revenues to the City of Miami, and one can feed off the other, Now, the Seaquariurn w1h ixl* interested in that, plus marry ether people in other parts of the country would be interests 1 corning and building this up for us. 'These are the kinds of things that we need to do now. can't wait any longer., Commissioner Plummer: We talked with Cypress Gardens. They wanted the City to put up five million dollars ($5,000,000). Mr. LA t: Yes, right. At a conference at FIU (Florida International University) last Friday, the Governor's Council on Sustainable Development approached me, representatives, and said they were interested in working with the City on a possible campground project on Virginia Key. I said it's rip to the Commission what they want to pursue but we can lay out those options for you. Mayor Carollo: Well, that's another option we can look at. We... The only City beaches that we have are there. Mr. Luft: Yes, Mayor Carollo: Now, i know that I keep hearing that it's losing money for us, that we c?,n't keep it clean. But part of the problem is, Jack, is here, we have a cable television e�hannel that the City of Miami awns, not once - not once - has that beach been advertised. Not once has one piece of leaf from Virginia Key been put in that channel so that residents of Miami and in other paw can know that we have our own beach, Virginia Key, that will know that we have restaurants and other facilities at Virginia Key. 'These are the kinds of things that we need to do. We .need to put NET 9 to work in promoting our assets of Miami. Otherwise every time that ,someone from the City of Miami wants to go to the beach, they are going to go over to Crandon Park, because they don't know that we have a beach there, A September 26,1996 Mr. L,uft: Right. Mayor C arollo: We haven't told thee. Commissioner Plummer: Well the ... Mr. L.uft: You tell me the day you want to go, And we'll go. Mayor C'.arolloc We'll work it out for next weep. Mr. L.uft: Crib. Commissioner Plummer: Yeah. The problem is that Crandon Park is free, and if you go to our beach, you have to pay. Mr. Luft: No, it is not free. Mayor C arollo: No, that's not true, sir. That's not true. They've got to pay more. Mr. L,uft: Five dollars ($5). Vice Mayor Gort: it's not true. You haveto pay five dollars ($5). Commissioner Plummer: What? Vice Mayor Gort: Five dollars ($5) to get in. CommNsioner Plummer: To Crandon Park? Vice Mayor Gort: Yes. `,'here have you been, J.L,.? Mayor C,arollo: Yeah they... that's correct. Commissioner Regalado: Yeah, absolutely. Mayor C arollo: Now, what we need to do though Jack... Commissioner Plummer: Haven't been there in years. You mean to go to the beach you have to pay five dollars ($5)? Mr. L.uft: Yeah. Commissioner Regalado: And Cape Florida, you have to pay, too, and CYandon Park. Commissioner Plummer: Gli, your... Cape Florida, yes, but not... Mayor C:arollo: We need to... Well, you could tell Plummer don't go to the beach. Commissioner Regalado: And Crandon Park, too. Mayor C arollo: What we need to do though is we need to make, sure that we have one price for everybody to get in. 106 September 26,1996 19 Mr. Luft,. Right. Mayor Carollo: When you go there, you have one price for City residents and one for non -City residents, that makes it very uncomfortable for people and... Mr. Luft: Right. Mayor Carollo: We need to have one price across the board. The picnic grounds we have there are be�,a.utiful. It's really a nirx beach, a nice area to go out with the gamily. We need to promote that, and at the saute time, we will then have the revenues when people start going there to tx: able to keep it nice and clean, and to be able to give it a little mom secutity then it has now. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Regalado: On a related note to Marine Stadium. As a shatter of fact, we all, I grass, agrees, that all the citizens of Miami agreed that we nerd Marine Stadium. But in a related note, for more than 15 years the Latin community, especially the Cuban community, attended every year the Mass of our Lady of Charity in Marine Stadiums. More than 15,000 persons in many uses were there on the 8th of September. After the hurricane, they had to move the ceremony and they had to go to the Hialeah Racetrack. But now, with the help of the office of the Mayor of Miami and shy office, we have been talking to Bishop Roman and we have brought back the mass to the Dinner Key Auditorium. Although the Marine Stadium w ra the perfect site because of the marine caravan of our Lady of Charity, we are going to do tue mass next year in Dinner Key Auditorium. So the mass will coming back to Miami ,and it took three or four phone calls and a little work. But if we can go ahead with the plans for Marxrc Stadium, I am sure that the: City will, be snaking money. That ceremony... because the Chur.li does pay whenever they go any place. That ceremony was one of many that was held in th,.- Marine Stadium. Commissioner Plummer: So where are we? Mayor Ceroilo: Well, where we are at is that we are going to decide today if we want to putt this item up for an RFP or not, or if we want to go along with steps suggested. Now, they have given out, at least on paper, a pretty convincing financial analysis for the City. I'd like to hear from others that think otherwise and see where we are at. Commissioner Plummer: I have one... Mayor Caroll.o: The bottom line to she is that I don't care whether the City runs it, or whether we put it out to bid and private sector does it. The bottom line to she is, who is going to bring,th% City the most money? Commissioner Dunn: Tlat's right. Cotnsnissioner Plummer: I have one quick question. In the. RF'P, what is the minimum annual payment to the City on the RF'P? Mr. Luft: The minimum annual payment will be determined by an app aiser, based upon the proposal. If they have a restaurant in it, then it will by higher; if they don't, it will be lover. Commissioner Plummer: Have ttury made any determination in this RFP with the property, with the restaurant or without? I mean we need... 107 September 26,1996 Mr. Luft: We have not done that, sir, because what we are trying to do is not set a minimimn base rent that becomes so low because we have to assume there isn't a restaurant there. We ha,. . jot... like on the Dinner Key boatyard proposal now, we've said, "You give us your propos: These are the range of uses you can have." You had introduced a number to the Dinner key th. you thought would be a guideline number. Commissioner Plummer: Correct. Mr. Laft: DK, three hundred thousand ($300,000). In this case, you may wish to put in a guideline number. In the past RFP it was two hundred thousand ($200,000) ©K. But what we really want to do before we nail down a minimum base rent, and 1 think this is what the Mayor has been concerned with, those numbers appear very low when you see the actual proposal, and they bring in lots of commercial services., and vending, and restaurants. The number really ends up being a lot higher. So we want to do an appraisal. When we get the appraisal... and Imk at real numbers, as opposed to some limited look at it now. But you could... you would be able to, put in a preferred number, as you slid on Dinner Key. Commissioner Dunn: What's the possibility of.. and when I look at the total net revenue,. for the next three years, four, two years, three years, what's the possibility of placing some type of stipulation if we decided to RFP, that at least, it becomes equivalent to these nuinbers that we have, over an average. What's, the possibility of that? Ms. Abrams: You mean putting this as a minimum rent7 Commissioner Dunn: That's a guarantee, see, that guarantees and then the burden of trying w operate it from the City's standpoint would be taken away, just in case we wanted to go in that direction. Mayor Carollo: I'll tell you what than will do Commissioner, in, all honesty. That will assure that no one of the handful of the people that want to bid at this will bid on it, because they know then that they are 'not going to make any profit, because the City is going to be the one making the profit. Ms. Abrams: Right. Mayor Carollo: You know... and I'm laying it as clear as it could be. What we have to decide is, one, are these numbers for real? Ms„ Abrams: Yes, they are for real. Mayor Carollo... Mayor Carollo: If they are, you know, it's as simple as when we could put it up fim an RFP, Sr.. if anybody will match that or come close to it. Commissioner Dunn: Yes. Ms. Abrams- Mayor Carollo. Mayor Carollo: Then we could decide, Commissioner Dunn: Yes. Mayor Carollo: 1 doubt it very much, if these numbers are solid, that ,you are going to get mo. money than we'll matte from the private. sector. 108 September 26,199 Commissioner Dunn: Or at least equal to. Mayor Carollo: That's the question. Commissioner Dunn: Yeah, or at least equal to. Mayor Carollo-, Yeah, or equal to. 1 Commissioner Dunn: 'Yeah. Ms. Abrams: Could I say one thing though? The restaurant could stall be plat our to an Rfl'. The restaurant, the marina, all that could be put out to an RFP and developed. NWhat I am saying is, marina -related activities are very, very profitable. The City does very well with it. Maybe we could keep operating the marina, which, obviously, could generate a tremendous amount of revenue, and let the restaurant and the stadium be privately developed. F Mayor Carollo: Well, the last thing that the City of Miami wants to be in is in running a restaurant, I assure you. Ms. Abrams: No, definitely not. And that's a very small source of revenue. It's only $42,(K)O. Mayor Carollo: At the same time, because the people that are running the restaurant there hn, r not been able to have ,any bind of long-term lease... Ms. Abrams: Maybe we should give them one. Mayor Carollo: You (know, they haven't really invested what... Ms. Abrams: Might, all right, bad it out. Mayor Carollo,- ... someone with a long-term lease would invest. Therefore, that place has really beeni run down. Ms. Abrams: Maybe we should... Mayor Carollo: The food they have there is excellent food. But the place is really run down. Ms. Abrams: Maybe... why don't we bid out the restaurant? I understand the current owner wants to fix it up, wants a longer lease. Mayor Carollo: Well, that, obviously, could be another option, because the City of Miami definitely should not be in the business of running restaurants. Ms. Abrams: No. Mayor Carollo: I've been there. I don't want to see it ever again. Vice Mayor Cavort: Mr. Mayor, the first time that a. project similar to this came to my attention, when you loot: at it, I don't know what the revenue of the new piece of property is producing. I don't Itnow what revenues the other... Do we have that information at present? You know, I agree with you, Ms. Abrams: What? 109 September 26,1996 - AL- Mayor Carollo: Well, you know what? One area that I got to ask, Willy, that, you know, you are asking the right questions. And I have been meaning to... in fact, I've asked it of the past City Manager. I never got the answer. Besides the Rusty Pelican, there is another restaurant there, Horatio's, or what used to be. another restaurant. You have a two-story building. Commissioner Plummer: Horatio's. Mayon Carollo: It's in a great location for banquets, for a restaurant. That's been closed. Why have we allowed that to be closed for so many years? Vice Mayor Gort: The point is, I agree with you. We have four different leases in there, and �f you put that as one complex, you'd probably get a better proposal, and that's something that FJ like to see. Mayor Carollo: Well, we could combine both. But you have to keep in mind that on one lwsc, they have another 11 years to go. Cornmi -loner Plummer: The problem is; they've vacated... They are paying the minimum rent. You can't throw them out. Mayor Carollo: That's correct. Commissioner Plummer: That's probably the case. Mayor Carollo: Well, but the bottom line is, we have to go... ''Phis is what I was told over here, that there was nothing we could do until I said I was coming down to the City Clerk and look at the files. And I got a call within an hour later and I w,as told that I was right. Commissioner Plummer: And it's now open. Mayor Carollo: And it's now open. We need to ,get into that iease and find out exactly what it says, because if that ,restaurant will be opened, it will bring money to the City and it would be profitable for whoever will run it. Ms. Cuervo: I believe we have an answer for you, Mr. Mayor. We have pursued this legally, and the problem that we have with this lease - and this is a lease that was negotiated many, many years ago - is that the lease only, first of all, only call-: for a percentage of revenue. And it does not state, furthermore that if tbere is no operation, if there is no operating restaurant that we can close them down. So therefore, for all intents and purpose they can just stay there since they are, not generating any revenue, they don't owe any percentage;. And again, it was just a lease that was done many years ago that didn't past in the stipulations or the measures that we would need in order to go in and enforce it and close it down or take it over, unfortunately. Mr. Eduardo Rodriguez (Director, asset Management Department): Christina, a piece of information. The restaurant was, bought about four or five months by the marina itself, by Rickenbacker Marina. They bought it from the other people. So now, they combined the whole operation and they came to us last week with a plan already for doing a walkway and are opening the restaurant. So they are pursuing that avenue right now. Mayor Carollo.. Well, that's all fine. But see, the. same way that they could claim that if, in fact, that, is what the contract has, we could go back to the marina and enforce other areas that we can enforce. I remembee not that long ago, and I... again, I brought this up to the previous Administration. The racks that they had there in the outer marina were all falling apart. It was 110 September 26,1.996 AL_ shameful. They could not, in my estimation, have been living up to the terms of the amirs, t they had with the City, but nobcxiy was doing anything about it. And this is whet we need to do, not just here, but we need to go contract by contract throughout our whole waterfront and n. waterfront, and make sure that people are doing what they are supposed to, so that we could the maximum profit for the City of Miami. We need this more than ever now. Mr. Luft: For a 180-slip, viet slip marina and a 260.rack, dry rack storage on Rickenharker, we are getting sixty-five thousand dollars ($65,000) a year. Mayor Carollo: For 180... Mr. Luft: One hundred and eighty wet slip marina and 260 dry racks... Commissioner Plummer: That's over at the other marina. Mr. Luft:... we're getting sixty-five thousand dollars ($65,000) a year. Vice Mayor Gort: The new one. Mayor Carollo: Yeah, for both. Mr, Luft: For both, for the whale thing. Mayor Carollo: Who cut that deal Jack? Mr. Luft: It was 1981,1 believe... Commissioner Plummer: That was your friend, Grassie. Mr. Luft: ..1980, or something like; that. Mayor Carrillo: Who was City Manager at the time, Grassie? Commissioner Plummer: Grassie. Mr. Luft: Ek: ase. me, '79, 1979, and I think it was Yoe Grassie. Commissioner Plummer. I think it was Joe Grassie. Mayor Carollo:' before I came, Joe Grassie. Yes. Mr. Luft: 'Yes, 1979. ''That's why were trying to get an incentive to take over that marina and combine :t with the one next door, but, you know, I think I would encourage you to consider the whole property, the 200-acre basin of Elie whole thing and let us coupe back with a plan. i Mayor Qrollo: But we need to look at the whole thing, Jack. In fact, both of those two dry rack marirtas should be combined. Obviously, we can't do it ourselves, because we have a lease with one that is for another 11 years. What is happening right now is that they are having; to ctoss that street as you enter to go to the Trusty Pelican to bring the boats into fh.e water, which is quite dangrous. We've been real, lucky there hasn't been an accident there. Mr. Luft: "That's right. Mayor Carollo: What would make sense is for them to be able to go throdgh, the other side. But... 111 September 26,199+6 i V'iove Mayor Gort: To make that one whole. Mayor Carollo: Yeah, to make it as one. But again, this is out of our control for at least 11 years or so it appears. Maybe not. The request that you are making is to let you come back to this Commission with a plan of the whole horseshoe around the water; am I understanding that correct? Mr. Luft: 71hat's right, yes. Mayor Carollo: OK. I would certainly consider that. In the meantime, there... Let's see. There are some other people who would like to speak here. Mate Representative I acasa. Commissioner Plummer: Joe, tell the what you mean by the horseshoe. The; entire water arena? Mayor Carollo: Exactly. Mr. Luft: It is a 200-acre basin where all the races occur, the shoreline all the way around. Mayor Carollo: Both sides. Commissioner Plummer: OK. Mayor Carollo: From tip to tip. Commissioner Plummer: OK. No I am just... Mayor Carollo: Including any ether contracts that we have presently with anyone there that not up to standards. Mr. Tuft: No, the... 0immissioner Plurmmc:r: Zack, you remember the man that came in here for hurricane anchorage;? Mr. Lufl: Yes. Commissioner Plummer: And that wasn't even utilizing as a dock., but it was anchorage for hurricane purposes that he would put in this thing, for.., at his own expense and give so much of revenue to the City every year. I mean, that was a. thing that was turned down because of the water these, we have to remember, is less in some places than eight feet. Mr. Luft: Yes. Mayor Carollo: True, but it's deep enough for most sized yachts. What you can't have is bringing in the super yachts there. Commissioner Plummer: No, you can't do that. Mr.. Luft: The... Mayor Carollo: But it's deep enough for you, knows, most 46 foot and under vessels. Mr. Luft: The biggest concern with the marina will be the Development of Regional Impact Statute requirements. I spoke to the DCA (Department of Community Affairs), yesterday. 112 September 26,1996 They've told us that in all probability - and they are checking this - they could possibly add .;0 racks to the existing Virginia Key boatyard to go from 290 to 32.0. So that may be possible..�,,d we are. iooking fbr c;onIrmation on that. But that shows you stow Bard it is to even ade '0 without triggering DRI'Development of Regional lmpact, rqui"ments. Mayor Carollo: Sure, sure. Have we taken all those old dilapidated trailers out of there airLad) ? 1 Mr. Luft: The trailers? i Mayor Carollo: They got to go front there. They are such an eye sere. Mr. Luft.: The dilapidated trailers on parcel B? Mayor Carollo: I have been asking f6r that for months and months. Ms. Cuervo: The Police trailers, the FE MYYA, (Federal Emergency Management Agency) trailers or the hydrofoil trailers, then? Mayor Carollo: No, I am talking about FEMA, Police, whatever they were, trailers. Ms. Cuervo: I know Police has been working with the U.S. Attomey's Office and giving then the trailers, and I know they were working with theta. I haven't heard a response, but we'll follow up on that. Mayor Carollo: 'Yeah. We gust need to get them out of there, stick them somewhere else tl4..':s not right in front of our waterfront. Ms. Abrams: Yes, sir. Mayor Carollo: State Representative Lacasa. Mr. Carlos Lacasa: Than. you, Mayor, Commissioners. I am here on behalf of a client, Virginia Key Marina Developers, of which I am a partner. And I am here to speak in favor of publication of the iUT. I've heard some recurring themes during the com.rse of this discussion, and the Parrot Aingle discussion this rooming. I've been here all day with yota, and I congratulate you on that work, by the way. Excellent work. You managed squeeze some additional rent out of them two years in advance. That was very good. The recurring themes that I've heard are that you need revenue now, and that you need to have a program here that is consistent with a unified development of the entire 200-acre basin. So what I would like to do is go backwards, w : back to these two ideas. If I could have the mike. Mayor Carollo: Sure, go ahead. Mr. I.acasa: As it stands right now, the yellow area of Virginia Key Marina has been operated by the City of Miami for approximately two years, perhaps even more. I don't remember the exact date. This blue area is the R.i.ckenbacker Marina, which is operated under a year, a lease that has about 11 to 12 years left to go by Ram Melwani Company. The idea in the RFP that you have before you is to combine these two marinas with a tease, with present possession on Virginia Ivey side. In other word,, vehoever wins this RFP, would take immediate possession of the yellow area and build it out, and would have an option, at the expiration of the kickenbacker Iease in about 11 or 12 years, to meerge the two properties together. Now, the obvious result of this plan is that whoever wins this yellow area is going to approach the Rickenbacker Marina immediately and is going to pFopose a unified development project immediately. What would this result in? Incmased revenues to the City's... to the City and increased capital improvements, 113 September 26,1996 not only to the Virginia Key side, but also to the blue area. In our particular proposal, which we intend to make, we have this arrangement already with Rickenbacker, and Rickenbacker is going to put two million dollars ($ 2,(W,t ) to improve this site, two million dollars ($2,(XX),W.)) that the City will not see for 11 or 12 years unless they do the RFP this way. In addition, I've tool, d at the numbers that the City has provided on the continued operation, the municipal operation f the Virginia Key area, and I can tell you from experience, having been part of the group rm operated that marina before our lease expired, that those numbers are radically -,wrong, r example, they don't take into consideration depreciation of the equipment. They don't take into consideration realistic numbers & far as insurance coverage, both casualty, injury and hurricane, windstorm, fire all that. They've got, I think, in that budget, twelve. thousand dollars l$IZ , a year. Mayor Carollo: Hold on for a minute, Carlos. I want you to make notes of this, Christina, so that I can get answers if you have any, right today. Ms. Abrams: You said insurance? Mr. Lacasa: Insuranm. Ms. Abrams: Insurance.... Mr. L,acasa: Insurance, different kinds of insurance, depreciation, the capital improvements that this site requires. This is not only a business which the City will generate: money, from, thin., �s also a public service. You have an obligation, as Commission, to provide the public with;, fir-v class marina in this very first class and very unique location. Ian addition to the problems w.: , the numbers, and in addition to the loss of the capital improvements that you would realize fri m publishing this RFP the way it's structured today, you also have to take into consideration unified development of the entire basin. Now, historically - and, Commissioner Plummer S r� may remember this - whenever there was a race in the marine stadium, and I attended a fe"'I of them, the pit area was made available on that day for the launching of the larger hydrofoils. In fact, the RFP you have before you today includes the provision that would require the tenant to provide.., to continue to provide that facility to the marine stadium. A final point that I need to make is this. The City of Miami has been back and forth on this property, as well as several other properties in the City, for years and years and years. And I think that the time has come for you all to make a decision to commit to a program that will give the City immediate result,-,, immediate capital improvements by the private sector. Fact is that as a ,natter of policy, it is a goad idea for the City to retain ownership, fee simple ownership of its waterfront property. It, is irreplaceable. The City, should not be involved in operating the day-to-day of a marina, or a restaurant, or any other business of that kind. It should be done by the private sector with genuine, legitimate properly appraised return to the City, and with performance requirements t.- boot. Tback you. Mayor +Carollo: 'Thank you. Go. Mr. Claude La Roche: Mr. Mayor, Commissioners,, my name is Claude La Rocht;, Baysid(. Seafood Restaurant, also knownas the Hut, 3501 Rickenbacker Causeway. We have been the tznant of record for 14 years. About eight years ago, we had an opportunity of bidding for a project, unfortunately, that never got off the ground, due to a number of factors. However, we are now looking at the opportunity that we hope will happen to bid on the proposal that's in the RFP before you, so that we can expand the facilities and increase our customer base and our volume of business that will allow us to pay higher rental payments to the City, We., therefore, seek your wise counsel and your wisdom in supporting and authorizing the issuance of this RFP so that we can trove ahead quickly. 'Thank you very much. 114 September 26,1996 W Mayor Carollo: Christina Abrmns. Ms. Abrams: OK. I think I have to answer two questions, the insurance and the depreciation. Mayor Carollo: Bight. Ms. Abrams: Depreciation is both showed in the revenue and the expense, and right now, w t; have nothing to depreciate because we haven't invested any money. We are operating %i basically bare bone minimum and generating a little over two hundred thousand ($26i0,(►Uti) nt:o Now, as far as insurance, I want you to know that the figures that we have includedare based on what Risk Management is currently Milling us for the facility, and it's actually a little bit less. I believe it's eleven thousand ($11.000), tUd also, I mean it's there, by computer printout. Mayer Carollo: Let me ask you a question. For the '96-'97 projections, what is the total capital out that we're putting out, a hundred and fifty-three thousand ($153,000) plus? Ms. Abrams: One hundred and fifty-three thousand five hundred and sixty ($153,560) which is a return of investment of less than. one year. So in ether words, if we put that capital outlay, we'll recoup it before the end of the year. Mayor Carollo: OK So if we go ahead and spend a hundred and fifty-three thousand dollars ($153,0110) the total expenses is five hundred and eighty-one thousand ($531,006), net reventae is four hundred and thirty-one thousand ($431,000) .almost? Ms. Abrams: Net, correct. The actual gross revenue is over one million dollars ($1,000,0(P). Mayor Carollo: Right. But I am talking expenses that we have as five eighty-one plus. l ou haven't taken out the capital outlay out of your net ivvenue or have you? Ms. Abrams: Oh, yes. Mayor Catollo: Or have you? You did already? Ms. Abrams: Oh, no, I've deducted the expenses and the capital outlay, of course, because I wanted to give you an actual net. Mayor C'.aroilo: OK All right. So then the four thirty is after we've taken out... Ms. Abrams: Only the capital outlay. Mayor Carollo:... the actual monies that we" ve put into it that first year. Ms. Ahratms: Absolutely. Mayor Carollo: So, second year you ar*e looking at five h.und ed and thirty-one thy ;,.°ian l ($531,000) profit. Ms. Abrams: And that year, we don't have any capital outlay, because all the money that we spend the first year, we really pretty much recoup. Mr. Lama; Mr. Mayor, if I may. Mayor Carollo: Go ahead. 115 September 26,1996 Mr. Lacsa: A couple of thiV that are missing from this, for example, winch goes to show w?iy privatization can work.. For example, in this budget, you don't have a marine store. There is nowhere in this budget where you have a marine store. Why is a marine store critical in Key Biscayne/Virginia Key area? Because there are none. Ms. Abrams: That.... Mr. Lacasa: Anybody who boats in that area has got to go to Crook & Crook on the mainland or as far as 27th Avenge and the river on cite mainland to B&F Marine. A boat store here would be very profitable and the revenue shared with the City would be great. Mayor Caroller: Well, what I would like to consider is the following. But before I would bring that to my colleagues to (mrsider, I would like to ask a question from Jack Luft. If We would put this out on an RFI P... Mr. Luft: Yes, sir, yes. Mayor Carollo, — that would be nonbinding to the City... In other wards we put it out to an RFP. If w* don't like the numbers that they offer to the City of Miami, can we spell it out clearly that we will refuse to hear, that we will refuse to accept any and all proposals? Mr. Luft: All of our RFi s under the unified development process always stipulate that the Commission may reject all proposals for any reason. Mayor Camillo: OIL Well, I want to put that on the record, Jack. Scondly, what would be the cost, approximate cost, for us to put together an RFP here? Mfr. Luft: For this? Mayor Carollo: Yeah. Mr. Luft: Right. Well it's already put together. Mayor Carollo: But is the advertisement or anything else that we need to do. Mr. Luft: In the advertisement, in. the CPA (Certified Public Accountant) evaluation, we wii probably spend between twenty and thirty thousand dollars ($20,000 and $30,000). Mayor Carollo: Twenty and thirty thousand dollars ($20,000 and $30,000) we'll spend. How much would we be getting in the fees that people would pay to the City to be able to participate in the RFP? Mr. UP,,: We usually charge twenty dollars ($2.0) a copy to pick up the book, and there we charge two thousand dollars ($2,000) per submission that's non-refundable; and then a deposit thtrt is refurtdable., a good faith deposit to bid. We keep that deposit from the proposer who wins. So that is usually about in the twenty-five thousand dollar ($25,000) range. Mayor Carollo: But if nobody gets it, then nobody wins, then the City could be out of an approximate twenty thousand dollars, Mr. Luft: Yeah, approximately. Mayor Carollo: It's the bad news that I didn't want to hear. 116 September 26,1996 A« r4u�. P Commissioner Plummer: Well I think we've got to consider something else. One if 614 problems... and that was the reason I go back to my... what was the minimum annual gumantc, You know, if you come up with the minimum annual guarantee in this RFP, somewhat cl. tse what they're talking... I am not saying exactly or as much, but I think then a person who -ante... to bid would have the choice of saying "Hey, if I got to do X number of dollars, I won t bid Or, "I want to bid and I'm going to go above that number." But they have that choice. Now, on, of the problems that we've had in the past with RMi is the problem of people saying it a)si them a hundred thousand dollars ($100,000) to make a bid - I don't know what it would cost in this particular case and that you people sitting tap there were not really interested in having an RFP, and that's the problem. So I think that if we do go out with an RFP, it is the only way that %ye are going to be able to measure... The only way that we are going to be able to know whether we could do more outside than we can in-house is to go out with an RFP. The major problem always is the saute. The City does not have the money to make major capital improvements. The private sector does and the private sector can get the financing that is necessary. You know, the Hut is a restaurant that has been their. forever. 'They do a good job, but they bring in forty- two thousand dollars ($42,000). If a private developer were to go in and put in a restaurant... The Rusty Pelican minimum annual guarantee to this City, which they've never done less than double, is a hundred and fifty thousand dollars ($150,000) a year. And it's closer to throe hundred ($300,000) but we don't have the five million dollars ($5,000,000) to build the Rmty Pelican. The private sector possibly does. These are the areas that you've got to weigh dw, balance. Mayor C arollo: But what's at question here is not the restaurant part. Commissioner Plummer: No, I understand that, Joe. Mayor C arollo: I think we've discussed that. It's the actual marina. Commissioner Plummer: Well that's all part of. it. Mayor C,arollo: The dry dock marina and... Commissioner Plummer: That's because what we have before us today when we send it back was, is to do an "A" and a "B" where a person who wanted to bid could bid on "A" or "B" or "A acid B". And that's what we sent it back to do, and I am assuming that's what's before us her today. Mr. Luft: That is what is here. Mayor Carollo: Well, all that I could say to my colleagues is while I am very open-minded in bringing this out to an RFP, I am not thrilled that if we say no to everyone that we are going to end up lasing twenty thousand dollars ($20,000). Nevertheless, my position is that if these numbers the staff has given me are correct, then I eW.ct the pifivate ser-tor to match these numbers or come fairly close to them. If we are going to have the private sector spend significant amounts of dollars there, then I think we need to take that into consideration. But to put t1rGs out for an W so that we will be getting in return amounts that's significantly less than these numbers... And again, what I think we need to do is which. I orally haven't been convinced of it here - we need to see some facts and give you the opportunity to contradict these numbers, if you can, to show that these numbers aren't for real. But if they are ream, it's hard for are to, you know, be in agreement to give it out to anyone. Whether, you Imow, it be my closest friend, and I consider you a friend, Carlos. If I am going to get a sigraificant amount less for the City than the amounts that they are telling me that we could get by running it oa rselves... Granted, I realize that that whole area there looks like crap. It's embarrassing to have a waterfront in a key part of the City of Miami looking like that. But the truth of the matte: is that 117 SepW tuber 26,1996 for the next two or three yearn, we can't be as concerned with that as the revenue that we we going to bring in. If we have to put up with the way that tools for another two or three yeays ;n order to be getting two, three hundred thousand dollars ($2W,000, $ 1,000) more a year, , n we are going to have to do that. But the bottom line is that what this City is in dire need of is extra revenue. If you or someone else in the private sector can bring it to us, hey, you kn, w, ,11 the power to you. You'll have my full support. But if the City of Miami feels, and it car, pn,,-e that they can bring more money by running something themselves, then nay position is that I airn going to stick with the City. For instance, ®inner Key farina here, maybe that's one area that we should look at closer, see how we am running it. And there is no doubt in shy mind that we are not doing anywhere near the best job that we could in .running it. But what does it bring us in revenue? Ms. Abrams: Cross revenue is two point six million ($Z6 million). Net, if I am not mistaken,, is in the area of seven hundred thousand ($700,000) a year. Commissioner Plummer: Yeah. One of the other thin&m, Christina, when you come back... Obviously, you are gouag to come back. The City of Miami does not pay out ad valorem taxation. Pridate developers under the new state statute have to pay taxes. And I would like to know, and I think it's important to know how much the City would be deriving in ad valorem taxes from a prilvate developer being in there? Mr. Luft: Sixty percent goes to the County. Ms. Abrams: Sixty percent goes to the County. I think. that taxes estimate about eighty thousss,ld dollars ($80,000) that they would pay. Commissioner Plummer: So they would be... Ms. ,Abrams: Sixty percent goes to the County and the rest goes to us. Commissioner Plummer: You're telling me eighty thousand ($80,000) on 21 acres of waterfront property is all... i Ms. Abram: I think on the proposal... Commissioner Plummer- OK, Hey, when you come back, I would like to know for sure. OK? Ms. Abrams: sae tax. I Mr. L.ac asa: Mr. Mayor. Mayor Carollo: Yes. } Mr. LJac esa: I think, one thing, a comment that Christina just made that points out what I have been saying that these numbers are not realistic is this. She just said that Dinner 1'.4'ey Farina makes two point six million dollars ($2.6 million) gross a year, but your net is seven hundred fifty ($750,000). So your cost of doing business is what? One point eight million dollars ($1.8 million)? Ms. Abrams: Dinner Key Marina... Mr. lac.: Here on these numbers... excuse me. Here on these numbers, your profit margin is about 50 percent. 118 Sep►temtwr 26,1996 Ms. Abrams: If I can just clarify one point. Dinner Key Marina has a principal and interest for the bonds that were issued that the MArine Stadium area does not have. Mr. Lacasa: The bottom line is this. Take a look at the rack gross revenue on this sheet, for example. Current rack is 260 in '95-'96. revenue is five hundred thirty-five thousand dells rs ($535,000). By the addition of 30 racks, only 30 racks, they are going up to eight hundmd eir i t thousand dollam ($808,000) on their numbers. These numbers ,are wrong. I am telling you this from experience. I understand what you are saying, Mayor, and I think that if you put this out <o RFP and you let the private sector come in with bids, then compare them to what the City Administration thinks it can do, you'll have the best idea. Mayor Carollo: Well, you've brought up a good point in that. Christina, why sloes it jump so high from five hundred and thirty-five thousand to eight hundred nine thousand dollars ($535,000 to $809,000) with only 30 more racks. What I could only imagine is that you are charging higher rent. Ms. Abrams: Oh, no. Let me, explain, let me explain. The largest racks that we have is what we have affectiowitely called the "brown racks". And it accommodates small vessels, that we usually get nine dollars ($9) a rate, a foot for. We want to replace the entire rack system with a new rack system which we include in the capital outlay. That will allow us 30 more slips, but allow us to store much larger •vessels... Mayor Carollo: Larger vessels. Ms. Abrams: ... and the vessels, the... Right now, that marina is at 100 percent occupancyw vessels over 29 feet. Mayor Carollo: I see. Ms. Abrams: Meanwhile, we have... we are at 80 percent occupancy, because we have so mane small racks. So what we wanted to do is make larger racks, which increases our revenue and increases our occupancy. Mayor Carollo: I see. Well, let me ask this final question that might be an area that ,might make sense.. If we put this out in an RFP, can we do it in such a way so that if we decide, if we do not want to accept any of the proposals for the marina, if someone can still give a proposal for a restauiraat there by itself, so that at least we don't throw twenty thousand dollars ($20,000) out the door? Commissioner Plummer. That's the "B" potion right's Mayor Carollo: The restaurant part. Commissioner Plummer: Yeah. Miat would be the "B" portion of the RFP. Well, I think-, ie easiest way to say it is that you put it out to a bid of the RFP, indicating that the City intend.% to be a bidder. Mr. Lacasa: That would be the easiest way, Commissioner. Mayor Carollo: Well... Mr. Lacasa: But the fact is this. 1 know one thing the City won't be able to do. It's not going to be able to bring two million dollars ($2y000,000) of capital improvements on the Rickenbacker side. 119 September 26,1996 0 Mayor C$rollo: That, I agree with you. You know, that's one area that I don't think anyone from the Administration can say anything different to... and that's why I am :saying that can the, final amount that we're offered, that's one of the things that we have to tape into considernwon. If, indeed, you have an option to buy the other side, that the City would have to wait 11 y`ars W get, and at the same time, you will improvv it. Whereas the revenues that we will deri;... from the other marina and the wet saps would be higher, and it would present something better for the City. 'That's something that has to be taken into consideration. That's a very valid point. And that has to be looked into, the whole picture. But right noev, unless my colleagues can conic up with a better solution, what I'd like to consider is putting it out to bid, but with the option that someone can bid strictly far the restaurant. 'dice Mayor Gort: They bid separately? Commissioner Plummer: 'The restaurant was the "B" portion? ?.Mayor Carollo: Yeah. You could bid either jointly or separately. Commissioner Plummer: Correct. Mr. Luft: Commissioner, the restaurant today sits in the middle of the boatyard. Would you like, to take the green parcel which is on the water's edge and instruct the proposers to consider that the location for the restaurant? And they could bid on that and the boatyard, and we could «Okv one or the other, or both. Commissioner Plummer: Well, I thought that was supposed to be the "B" portion.. Ms. Abrams: No. Mr. Loft: No. The "B" portion is the blue marina. Mayor Carollo: Yeah, the blue marina, Now... Mt. LAift: Yeah. I'm just talking about the location of the restaurant when... Mayor Carollo: Is there enough room there for a restaurant to give the sufficient setback from the water, and still be able to buflId a nice restaurant there? Mr. Lust: Yes. Yes. If they build a bay walk and they build some public access amenities, they can go as close as 20 feet to the water's edge. Mayor Carollo- Twenty feet, right, instead of the: 50 feet... Mr. L,,uft: Yes. Mr. Lacasa: I think... Mayor Carollo:... and how big of a....7 Mr. Luft: It's 50 feet without the baywalk. Mayor Caroilo: Yeah, yeah. Twenty feet with the baywalk. Mr. L.uft: With public ac cras Rmenities, you can come closer. 12.0 September 26,19% ak� W Mayor Carolls�: Now, do you have any estimates of how large in square footage of a reswui. A that side would hold, with a 20-foot setback? Mr. Luft: We are talking probably... Carlos help me remember. We've had 20,E to 0,0, squarer feet restaumni facilities with some inside and outside deck areas. The square footage o a restaurant, you ate probably... Mr. Lacasa: Between 6,000 and 8,000. Mr. Lift:... going to have to have about... Mr. Lacasa: Sias to eight thousand. Mr. Luft:... sixteen thousand? Mr. Lacasa: Sic to eight thousand.. Mr. Luft: Well, we have a lot of deck areas and outside stating areas... Mr. Lacasa: Right, of course. Mr. tuft: Are you counting that? Mr. Lacasa: Yes, included. I am counting that. Mr. Luft: You are not counting that. Mayor Carcallo-, It could hold about 6,(W to 8,000 square feet. Mr. Lacmga: Yes. ,, Mr. Luft: Interior. Mr. Lacasa: One. downside to'going into the green area on that chart is that if you finally decide to do something with the Marine Stadium... Mr. Luft: I am not talking about that. Mayor Catollo: No, he is talking about the other. Mr. Lacasa: You're talking about that other parcel, right, correct. But that parcel depends or.• parking into the yellow area or the green area. Mr. Luft: We would have to lay oiit barking back sore. ewhere in there... Mr. Lacasa: Right. Mr„ LA.ft:... work it out with titre... Mr. Lade: Right. You know what I sw is dmt we are trying to mix apples and oranges. You ictyow, you can. i"tt a profitable restaurant, a profitable marina, wet and dry stock can the yellow and blue area. The Marine Stadium itself presents unique problems. I have b--en in touch with Nun Bmts and Stools, the company that witnis to back theca, and they have said they need a pi*, 121 September 26,3990, area, where the yellow area provides. But they also want to put in some restaurants of their ou ct and some other facilities. if you start cutting into the green areas on that chart, you are linlitong Marine Stadium development even further. Mr. L I& Yes. Mr. Lacasa: What I would do, and this is my recommendation, is to keep the marina opersttion separately from the Marine Stadium operation. Mayor Carollo: Best... Mr. Latmga: 'TMey are independent units, but can work in unison during special occasions. Mayor C arollo: Carlos, you might have be making a good paint, but then the only other alternative that I can think of now is to hold back and then take Jack's suggestion, so that we can look at that whole basin, runt the water in, and come up with a unified plan. Vice Mayor Cort: Look, what the Mayor is saying is very simple, "A", "B" and "C." And th'A way the City would not lose. If "A" and "B", do not tit, at least we'll get their money back. Commissioner Plummer: Yeah, but you got to rewrite it. Mr. Lacwa: I am sorry Commissioner, I missed that one. How would it work' 'A" "H" and "C". Vice Mayor Cort My understanding, is... and I'll let the Mayor explain it, since it is his idea. Mayor Carollo: W'hat we are talking about basically is that the blue is what, "B"? Mr. Luft: That's Parcel B. Mayor Carollo: Yes, that's Parcel B. Mr. Luft: The option. site. Mayor Carollo: You will pat the blue as an option, site in the RFP. You'll put "A," I guess, which is the yellow site. And there we will have a "C," which is the green site, the small green site as an addition to the RFF. And anyone can bid on all of them, or on any one of theme singly Mr. I:ac asa: It would make for a beautiful campus, no question about it. But when you decide what you want to do with the Marine Stadium, you are no longer going to have that Parcel C to cons, ider, and that is something that you need to know. Mayor Caeollo: `Mac's correct. We won't have Parcel C, we won't have Parcel A. Mr. Lac na: Right. Mayor Carolle.: And this is what I am saying, that the only alternative, then, would be to stop this now and ge. back to the drawing board, and to look at everything. In fact, we have other piopvtties .next to the Marine Stadium that I think we might he in a position to go out and take back from the City. Ile Lowing Club, as I understand it, hasn't prod certain monies. We might have to be in a position to take that back... Mr. Lacua: On the other side of the marina. 122 September 26,1996 Mayor Carollo: ... on the other side. There are other properties that we could put to some better use. I remember some of the properties that another club wanted years ago, and got mad at me because I stood out and kept fighting them until they finally went away somehow. There are other properties that we have there that are prime waterfront pmperties, that if we do guild a marina there that it will eventually be better and Nigger than Marina Del Rey in California. Wewill have 2,500 slips. We could build shops all around that waterfront where this will be something that not only will be one of the most attractive waterfront sites in all of Florida, but will bring millions of dollars to the. City of Miami. But the only way that we are going to be ablf- to accomplish that is if we plan it right and look at the whole project ram. a whale. Which. in essence, is what you are telling me partially. Mr. Lacasa: Well, what I am telling you is that, but you've also ,got an ongoing husiness rivr,t now that could provide serious revenue to the City of Miami. Mayor Carollo: But the only way, Carlos, that we could proceed in moving forward with that is in the way that I described. You know, I am being given projections that you are telling me they're wrong. My City staff is telling me they're right. Ltd it's showing me that for next year, the City of Miami can make some four hundred and thirty-one thousand dollars ($431,000), if we keep this property and that for the following year, over five hundred and thirty-one thousand dollars ($531,000). Mr. Lacasa: That should. be... Mayor Carollo: You know, it would be irresponsible of the if I would ignore that. And whit 4 am saying is that if you want this, call time: out. Ut's bring it back at the next meeting. You All and whoever else has an interest in bidding in this can sit with staff, can meet with all of us :� l let's fend out what is real and what is not. You know, frankly, I've reached the point that. I rtj i don't give a damn who gets mad at me anymore. Mow many people that say they're i..y We- _i say they're not anymore. Bemuse the only thing I care about is saving this City, and if, . s: . midst of it, I am not going be here, fine. But as long as I did the right thing for the C::ty a= Miami, that's what matters to me. dr. Lacasa: Well, I think you've made a good point to... (APPLAUSE) Mr. Lacass:... to defer this to the nex! meeting so we could over this new Proposal from the new administration, no question about it. Commissioner Duran: Mr. Mayor, if I may? Mayor Carollo: Commissioner. Commissioner Dunn.: I've iooheel at the numbers, I don't profess to be a numbers = n. b-,.. virtually, what would be needed if these rvambers are in fact correct? The net revenue::; we're talking about, close to one point two million dollars ($1.2 million) over the next three yeaxs. So that means we're going to need an average, or some kind of way, in the next three years, of at least four hundred thousand dollars ($400,000) par year, or at least a guarantee that we can get that money recouped or be equal to that one point. Mayor Campo: Well, actually, Commissioner, the two hundred and seven thousand ($207,000) vas for these fiscal years, revenue• that we made. 123 September 26,1996 Ak W Commissioner Dunn: OK. Mayor Carollo: For the next fiscal year, it is four hundred and thirty-one thousand ($431,000)... Commissioner Dunn:.A million dollars ($1,000,000), a million dollars ($1,000,000). Mayor Carollo: ... and for the following fiscal year, it's a hundred thousand ($100,000) more. Commissioner Dunn: So we are talking a million dollars over the next two years, so... Mayor Carollo: That's correct. Commissioner Dunn:... we are looking at about a half a million dollars a year. Mayor Carollo: Approximately. Commissioner Duna: If the figures are coiTect. Ms. Abrams: Why does everybody keep saying that? Mr. L,uft: Yes, and if we can add a few more slips, added from DCA (Department of Community Affairs), it will be even better. 0 m.missioner Plummer: A ze we getting off the dime? I mean, as I understand it, we're asing you to come back at the next meeting with an RFT of an "A," "B" and "C". Is that basis` t j where we're as? Mr. Lacasa: This is one of the things we're requesting of them at the same time as aI op: n. We don't know if we are going to do it or not. Commissioner Plummer: Yeah. No, of course. Mayor Carollo: That is an option for this Commission to take. At the same time, I. am asking sniff to meet with Mr. Lamm, the people he represents, and anyone else that is willing to bid to get their input in whatever RFP we Taut out, and at the same time for them to give you whatever numbers they have, and see if yours are really right or not. You see, this is not a matter;, I don't care who runs this. What ,natters to me is who is going to bring the most money to the City. If you all really can'ta them. the private sector is going to, give it to them. But if you are going to be able to bring more money to the City than they are, then, let's not give it away. Commissioner Plummer: Do we need a motion? Mayor Carollo: Can you meet with them on this? Mr. Uc asa.: Absolutely, Mayor. Mayor Carollo: I. appreciate it. I really do. Igo we need a motion to pro .e-ed? Vioe Mayor Cort: No. Mayor Carollo: I don't think we do. Vice Mayor Cort: No. 124 SeptemNr 2.6,1996 ALA 11 � Commissioner Plummer: OK. Ms. Cuervo: Do you want this bre;ught back on October loth, or after the meeting and — Mayor Carollo: Well, if we could bring it back October loth, I prefer it because we ne.24 ., j trove as quickly as possible... Ms. Q xrvw OK. Mr. Tuft: Yes. Mayor Carollo:... to find ways to make money for the City. Mr. Luft: OK. Ms. Cuervo: This, we will put this back on October loth. Mr. Luft: All right. NOTE FOR THE RECORD: At this point, agenda item 2 was «art nu4a ® meet snion meeting of October 10, 1996. Mayor Carollo: Off. It is now ,5:04 p.m,. In one more minute, 'we have to take tip oneof 4i..e hardest things "that we probably ever have taken up in the history of the City of Miami. The zoning items,that we had scheduled for today will be deferred until we are finished with this part 6f our -regular. scheduled meeting. If, Madam Assistant City Manager, if you could go over the items that are going to be deferred and those L that we must 1-tandle tonight in PZ (;Planning and zoning). Ms. Cuervo: On 1PZ, vend also, I am getting an account on the. regular agenda items, if you would like, aswell. Mayor Carollo: OK. I believe Mr. Gibbs was willing to defer one item, or wanted to. 115 September 26,1996 w ."IlLYf.Mi YL'A'L•t:LJ..IJRiii•YLILrN/i1•YJ'iwYrYiiYw{6rL Linrrrrae....rwrorw...+brwwwi+ww+erw+w+. r+.. J... I- b a r r++ w w.. r+ r.. ww.zw ++. A. (A) COMMISSION DEFERS REGULARLY SCHEDULED PLANNING AND ZONING PORTION OF THE AGENDA UNTIL, AFTER BUDGET' HEARING, WHICH BEGAN AT 5: 18 P.M. (B) DISCUSS/DEFER PROPOSAL TO RESCIND iR-94-4r,3 (APPROVE OAK SHADOW PLAT)PO,R NEVI' 4TETiNG AT b P.M. (C) COMMISSION DEFERS UNTIL AFMR. 7:00 P.M. PLANNING AND ZONING 11TEMS 1, 2, 3, 4, AND 8 -- twONIINUE OTHER PLANNING AND ZONING !'ITEMS TO SCHEDULED MEE77ING OF OL-.rOBER 24, I6. wFYrwawaNNrcwweaw+.wrwarwrlwrrrwraas+...w.wiiwrr.mrar.ew.vrrrrw+u+a...vtiv...r r.r..�..d.�....+r�r..�w..�..r+.e+�.�.......u....+..o+r Y Yb OLbYN YA r1.Yr L rJY1.Yr rrr Ytrrl.L rwwwrLrrYr wetli rwwruM1wwiwrwww Nu r wegww wwwerrwerwrrraww..r++w a+w... w.s... rw w++r.....w+.. r..r Mr. ' wkw ON*-, Yea, one item atoll the neat P and Z (Planning and Zoning) meeting, at u titre hog� hilly the time txrtain, as 6 o'clo0c, if we could. 7liat's item,, number 16, The Oak Shat�aw Mat. Ms., Christine Cuervo (Assistant City Manager),., That's an the regular agenda. Mr.01bln: Might, Mayor Carollo: OR., on the regular agenda. That's fine. Mr. GibbsOIL. Ms. Cwrvo: To 6.00 p, m.7 Mr. Gib: To 6:00 p.m. on the 24th. Ms,. Cuervo: OV. Mr. Gibbs: I think that's yeah, PZ. `Thank you very much. Mayor C'aroilo: Thaak you, At this point, agenda: item number 16 vra 00 nu o _ e ami mioaion meeting of October 10, 1996 at 6:00 P.m. core b0ioner Plummer: Wait a minute, Pz, wait, item 167 Ms. rw): On the regular agenda. Commissioner Plummer: Oh, regular Off. Mayor Carollo: `yeah, item 16. Ms. Cuomo: On the plarwing and ts.alog agenda ltem, 1, item 2, item 3 and item 4. PZ-1, PZ-2, PZ-3 and PZ-4 are privou tpphoationst PZ-3 Commissioner Gvn,, Vice Mayor Mrt had requested) that be h*$rd aft 7:00 p.m, 126 September 26,19% Mayor Carollo: OK. Ms. Cuervo: So we really need to ask the applicants if we can defer those items. In additiot, we have PZe8 which is an item presented by staff that does need to be heard today. ''These are resolutions that need to Ixt submitted to the State. Mayor Carollo- Well, whatever time we are meeting with this even if it's midnight we'll hear it. ` 1*++Is. Cucrvo: Exactly. OK. { Mayor Carollo: The item that was deferred or requested to be heard Seven p.m. We will hear it seven p.m. as long as we are finished. If we are not, they are going to have to wait until whatever time were finish. Ms. Cuervo: Exactly. --------- - 9. --ST CT ADMINISTRATION TO REJECT ALL $IDS FOR PRESSURE CLEANING SERVICES FOR NEIGHBORHOOD RESIDENTIAL, EXTERIOR PAINT PROGRAM -- FURTHER INSTRUCT ADMINISTRATION TO REBID ITEM. Commissioner Plummer: Are there any requests for deferr r ents? Commissioner Regalado: Yes, I have item 12. Commissioner Plummer: P7, or regular? Commissioner Regalado: No, the regular. T'he regular one. Mayor Carollo: On tha regular, OIL. Commissioner Plummen The regular, item 12. Mayor Carollo: Item 12. You know item 12 I'll state on the record what try position is in thi; so that we don't play around on this anymore. This is an item that Metro sent out for pressure cleaning servim. Une of the companies that had been doing the worts for the City never received the proposals to bird or the bid package and my position is, if there is any questions as to what happened, throw it all out, bring it back again, but... Commissioner Plummer: Ah, Joe. Just in that same vein the Manager has sent as a pocket item a scenario on the mainiixnance for Dinner Key. Now is that a problem or not? Ms. Christina Cuervo (Assistant. City Manager): No, that's not a problem. Commissioner Plumruer: All right then I'll hold it and bring it up when pockets are brought up. Mayor Carollo: OK, that's fine. Commissioner Plummer: It's not my pocket, 127 September 26,1996 0 Mayor Carollo: OK, Commissioner Plummer: All right so we are deferring item 12, is that wrrect? Mayor Carollo: That's correct. Commissioner Regalado., Yes,. it is. Mayor Carollo: What other items on the... Commissioner Plummer: To the 1 tat ►? Mayor Carollo: Excuse me. Commissioner Plummer: To the I th of October? Ms. Judy S. Carter (('Mief Procurement Officer); OK, the bids creed to be rejected, sir Mayor Carollo: Excuse me. Ms. Cuervo: On item 12. Ms. Carter: We reject the lids and we will go out... Mayor Carollo: G tx4. I make a motion that we reject all bids. And that this will be put out to bid again and that. you make sure that you send by certified mail to the people that contacted you for this bid here, either placed their bid or contacted you, that ,Mated that they did not receive any bid package. So Chat we won't have that problem again. Ms. Carter: We will send it certified mail, .return receipt. Mayor Carollo: Thank you very much. Nis. A Quinn, Jones, III (City Attorney): We need a motion on that Mr. Mayor, Commissioner Plummer: So moved. Commissioner Regaiado: Yeah, I second. Mayor Carollo: The., motion is second. Any further discussion? Commissioner Rega.lado: No: Mayor C.arollo: All is favor signify by saying "aye." The Commission (Collectively): Aye, 128 Saptember 26,1996 jk. ll� OOOIN r 1 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-675 A RESOLUTION REJEcrING ALL BIDS RECEIVED BY THE CITY IN CONNECTION WITH THE PROCUREMENT OF PRESSURE CLEANING SERVICES, FOR THE NEIGHBORHOOD RESIDENTIAL EXTERIOR PAINT PROGRAM .ADMINISTERED BY THE DEPARTMENT OF NET/COMMUNITY DEVELOPMENT, BID NO. 95-96-089; FURTHER DIRECTING THE CITY MANAGER TO SEEK NEW BIDS BASED ON SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATED FOR THE PROCUREMENT OF SAID SERVICES, AND TO PRESENT SAID SOURCES TO THE CITY CC➢MMISSION FOR REVIEW AND APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being; seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT. None. -- -- - ------------------------------------------------- 10. DISCUSS/DEFER CONSIDERATION OF (ACCEPTING BID: DATA. STORAGE CENTERS -- COMMERCIAL RECORDS MANAGEMENT AND STORAGE FACILITY FOR VARIOUS CITY DEPARTMENTS) -- SEE LABEL 26. ._..-----------I---------------------------------------------------------------------------------------.------ Mayor Carollo: Any other itesrts that will be deferred. Are there from the... Commissioner Plummer: Especially Zoning. Commissioner Regalado: On the regular. Manor Carollo: Regular agenda? 129 September 26,1996 fil Commissioner Regalado: 'Yes, 14. Mayor Carollo: Fourteen. Commissioner Regalado: I think we need more information Mr. Mayor on this. Mayor Carollo: OK. defer item 1.4. Ms. O ulistina Cuervo (Assistant City Manager): Mr. Mayor... Mayor Carollo: Yes. Ms. Cuervo: ... on item 14 we diet send out a memorandum this week identifying the fund: sources and this is for a contract to store inactive files. It's five thousand dollars ($5.000) send we did send out a memorandum previously. We do reed to do this because of the move. If Commissioner Regalado needs some additional information we can maybe meet. Mayor Carollo: Well, the only information I'll like to find out is, what are we getting the mon(-y fut it? Commissioner Regalado: That's right. Ms. Cuervo: Well I can identify the account cosies and this memoradum was sent out to the Commission two days ago and we can.. Mayor Carollo: Well I understand (1 ristina, but you also understand what I am saying. Ms. Cuervo: I understand. Mayor Carollo: You could identify the different account cosies but you kwaw, we might 1 mt have any money there. Commissioner Regalado: The only problem I have, it says various departments, and 1 sue oniy two. So I was wondering whether they are gaing, to do worts for other departments other than the two here. They say various. Ms. Cuervo: Various departments will be utilizing the service, however two departments will be; funding the actual payment of the service. 130 September 26,1996 1.1. DISCUSS/DEFER ITEMS: AG 6 (EMERGENCY ORDINANCE: AMEND SECTION V OF 11337, CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE -- INCREASE APPROPRIATIONS FOR CIP 418402, MERRILL STEVENS GROUNDS & PARKING AREA TO $249,400 FROM $110,400). -- AG 7 (ACCEPT BID: P.N.M. CORPORATION -- FOR MERRILL STEVENS GROUNDS & PARKING AREA, H-1091) -- AG18 (AUTHORIZE AGREEMENT VVITH OFF-STREET PARKING DOSP], -- FOR FIVE YEARS, FOR swiANAGEMt NTT/0PERA7"ION OF PARKING LOTS -- ATCOCONUT GRO'*YE CONVENTION CENTER AND AT NORTHEAST CORNER OF PAN AMERICAN DRIVE AND SOUTH BAYSHORE DRIVE). Mayor Carollo: OIC Any other items that we will be eble to defer from the regular agenda, Commissioner Plummer: Mr. Mayor. Mayor Carollo; 'Yes. Commissioner Plummer: I have been passed a thing here that says item 6, 7 and 18 have never been taken before the Waterfront board. I'm just bring that up. Mayor Carollo: Ah, item 6, 7 and 18 from the regular agenda? Ms. Christina Abrams (Assistant City Manager): That's the parking lot on Pan American Dr,� in South'Bayshore and the... Commissioner Plummer: But I mean does it have to go there before it comes to us? I n- n, in... it is a waterfront issue but I mean we don't have any bids on the thing yet to really ev:-. ivate. l Ms. Cuervo: Yes, we do, no. Yes, we do. I Commissioner Plummer: We have the bids in? a Ms. Cuer o: Yes, sir, Ms. Cuerro: We did these bids several months :ago but we. didn't have the funding to complete the project. Mayor Carollo: Mr. Brennan, how quickly can the Waterfront Board meet on thi,�s? I have no problems with you listening to it. t Mr. John Drennan: Like you, I think it's a two week wait, but we can do it if you like. r Mayor Carollo: Well 1 don't mind you listening to it but we need to get true Off-street Parking authority. 'You see d-ting isn't going to cost us any money. 'They're going to do that. And it' going to hopefully bring us money in revenue. So, we need for you to, you Imow, get ,your bow"31 ready right away sothey can listen to it. Mr. Brennan: I'll do what I can, si-. I've got no idea what the program, what it's about. Ev :t from the information that came from over here. I don't have any idea what it is about. 131 September 26,1996 Mayor Carollo: This has to basically deal with parking over here. Mr. Brennan: If you would like us to review it, I can arrange it, I'm sure. Mayor Carollo: Well, do you need to review, is what I am asking you? Mr. Brennan: I don't know what it's about. Mayor Carollo: O& did the Village Council look at this already? Mr. Gibbs: We looked at that on Tuesday and... Mayor Carollo: Yeah, I had asked you to, if I remember. Mr. Tucker Gibbs,: Right. You all asked so we've come back today. We looked at it and we approved the landscaping plan and the revisions making master meters instead of parking meters. We. also looked into the issue that I brought up at the last meeting shoo► Nlonty's lease. And we've no problem with deferring it to discuss that matter. I don't know if this is the time right now to do it, so. Mayor Carollo: Another time for it. Mr. Gibbs: Yeah, I didn't so. Ms. Cuervo: OK, then Mr. Mayor the items on the regular agenda that we can defer if you, would like are items 3, 6, i, 8, 9, 10, 13, 16, and 18. The items that do need to be heard today. Mayor Carollo: 0& can you gas through the ones that you are deferring? Three.. Ms. Cuervo: Three, six qq� Mayor Carollo: Six. i Ms. Cuervo: Seven, 8, 9,10, 13, 16 and 18. lMayor Carollo: 01C NOTE FOR THE R, CORD: At this paint, itern numbers 3, C, 7, 8, W'i 6, an wer® deferred. Ms.. Cuervo; The other items then that would have to be heard would be items 4... Mayor Carollo: Well, whatever remains has to be heard. k Ms. Cuervo: Right. i 132 September 26.1996 ..................,---.,.-------------------------------------------------------------.........---....-------------• 12. (A) DISCUSS/CONTINUE PZ-1 (REQUEST FOR SPECIAL. EXCEPTION FOR FINANCIAL DRIVE - THROUGH FACILITY AT 22M SOUT'ri DME HWY.) AND PZ-2 (RESERVOIR SPACES -- TO ALLOW A DRIVE -THROUGH FOR FINANCIAL INSTITUTION WITH A, REDUCTION OF SAID SPACES -- AT 2200 SOUTH :DIXIE HWY.) TO NEk'T PLANNING AND ZONING MEETING AT 6:00 P.M. (B) DISCUSS / TABLE PZ-4 REQUEST FOR STREET CLOSURE / VACAMON / ABANDONMENT / DISCONTINUATIONS -- AT APPROXIMATELY BISCAYNE BLVD., NORTHEAST SECOND AVENUE, NORTHEAST TWENTY-SECOND AND 'IVENTY- THIRD STREETS -- INCLUDE TEN (10] FONT ALLEYS CONTAINED WITHIN BLOCK TEN AND REMAINING PORTION OF BLOCK 14 OF EDGEWA TER (2-31) PRDC -- SEE LABEL 19. Mayor Carollo- OK. Then let's go to the Planning and Zoning agenda to see what else we can defer here. Ms. Chistina Cuervo (Assistant City Manager): Well I believe we've just deferred everythin except for PZ-1, PZ-2, P.7-3, PZ-4 and PZ-8. Mayor Carcllo: OK. Ms. Cuervo: Now, there may be some cantinuances- by the private applications, and I :- ,',eve that's why Lucia is there. Ms. Lucia Dougherty: Cyc A afternoon Mr. Mayor, members of the board. My name is Lucia Dougherty with offices at 1221 Br ckell Avenue, here today on PZ... items PZ-1 and PZ-2. We'd like a deferral. Our opposition agrees to the deferral. We'd like it at six o'clock at your next Planning and ZoWng agenda. Commissioner Plummer.: So move. Mayor Carollo: OK, So moved on PZ-1. and PZ-2 to be deferred. HI: 7E FOR THE RECORD: At this point agenda items PZ-1 and were continue-3 next real 11arly scheduled Planning and Zoning City Commission Meeting. r6cto r24,1 S96) at 6 p.m. Avis. Dougherty: Mr. Mayor, I arts also here on item number 4, which is a noncontroversial item. It is a street closure on the northeast section of town. Judge Gale is here on behalf of the Linited Teachers of Dade. If we could handle that one really quickly, I'd appreciate it. Mayor Carollo: We can't now, Lucia. f Ms. Dougherty: OK. 133 September 26,1996 I f 11 Mayor Carollo: This is going to ha.vw to wait until later, we'll handle it today. Ms. Dougherty: OK. Mayor Carollo: I have no problem in staying here until whatever time, but not now. We've gi .1 to move on, and I apologize. Ms. Dougherty: Thank you. Mayor Carollo: Thank you. NOTE FOR THE RECORD: At this point, agenda item PZ-4 was ---------------• I - -- -- 13. BRIEFLY DISCUSS/DEFER TO AFTER 7:00 P.M. CONSIDERxnON OF PZ-- 3; PZ-4 AND PZ-8 SUMMARIZED LATER IN MINUTES -- SEE LABELS 19, 2-0 AND 21-- CONTINUE ALL PLANNING ,AND ZONING ITEMS (except PZ-3, PZ-4 AND PZ-8 TO THE OCTOBER 24, 1996 COMMISSION MEETING AT 2 P.M. Commissioner Plummer: What about 3, item y? Mr. Jihad Rashid: Jihad Rashid, 3127 New York Street. We would like to be heard today if possible. We are willing to ,wait till after seven, We oppose... Mayor Carollo: Well, it will be after seven I don't Lnow how long after seven but... Commissioner Plummer: Oh, yeah.. Mayor Carollo: Well, it will be after seven. I don't know how long after seven but it will be after seven. Mr. Rashid: We understand that and we are willing to wait. We are willing to wait. Mayor Carallo: 'Very g+x-A, we'll stay here with you. Commissioner Plummer: Call Dominos. I Mayor Carollo: And PZ-8 we have to hear so, with the exception of items 3, 4, and 8 on the Planning and Zoning agenda all the other items will not be heard tonight. OK, now we are... Ms. Clristina Cuervo (Amista.nt City Manager): They will be continued. Mayor. Carollo: They will be continued. I Commissioner Plummer: All right, I make a motion, is that what you need? 134 September 26,1996 t Ms. Cuervo: To a date certain, October 24th. Commissioner Plummer: I make a motion that all of the items, as outlined other than 3, 4 and 4 be continued to October the lAth, We date certain at. - Vice Mayor Cott: What time, four o'clock? Mayor Carollo. Question. Mayor Carollo: There is a question Commissioner Plummer:... at 2 p.m. Commissioner Dunn: On item number 9, is there a simple. I was wondering If we could include that as being heard later on? Mayor Carollo: If you'd like to, no problem. Commissioner Dunn: Yes, yes. I would like that item 9. Mayor Carollo: 'That's fine. Commissioner Dtmn: ... OK, very simple. Mayor Carollo: Is this on the regular or .Planning and Zoning? Commissioner Dunn: It's on the regular. Mayor Carollo: On the regular, that's fine. Commissioner Dunn: Regular. Mayor Carollo: Yeah, that's fine. Commissioner Dunn: OK Mayor Carollo: DK, there's motion to defer the items that were mentioned here in the PZ. Commissioner Plummer: All but 3, 4, 8 and 9. Mayor Carollo: Yeah, all but 3, 4, and 8 in the Planning and Zoning agenda. There is sec ad ny Commissioner Re&%lado. Commissioner Regalado: Yes. Mayoz Carollo.: All in, favor signify by saying °aye The Cbminission (Collectively): Aye. 135 September 26,1996 The following motion was iutroduoed by Commissioner Plummer, who moved its adopi.1011. MOTION NO.96-676 A MOTION TO CONTINUE ALL PLANNING AND ;CONING ITEMS (EXCEPT .:: - 3, PZ-4 AND PZ-S) TO THE OC'IOBER. 24, 1996 COMMISSION MEETING A 2 P.M. Upon being seconded by Commissioner Regalado, the motion was passed and adoptW, by she following vote: AYIESS: Commmissioncr Torras Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, .Jr. Vice Mayor Wiftedo Gort Mayor Joe C,arollo NAYS: None. ABSENT: None. NOTE FOR TIME RECORD: City Manager Merrett Stierhaim ernters the Commission Chamber at 5:17 p.m. -- ---• -- --------------------- 14. SECOND PUBLIC HEARING -- DISCUSSION: PROPOSED ,MILLAGE RAVE AND TENTATIVE FY'97 BUDGET FOR CITY. MANAGER STIERHEIM PRESENTS BUDGETARY FINDINGS -- MISUSE OF' BOND MONIES, LACE: OF FINANCIAL., ACCOUI�TTA.EILITY, LACK OF FINANCIAL CHECKS AND BALANCES, LACK OF QUARTERLY FINANCIAL REPORTS. Mayor Cuollo: OK, we are now at the 5:05 p.m. second public hearing to discuss the ` 47 tentative budget. Mr. Manager whenever you are ready. Mr. Merrett R. atierheirn (City Manager): Thank you very much Mr. Mayor and member, f t :t Commission. I apologize for not be-Ing with you today, but I think you'll understand . Mayor Carollo: It's very :understandable. Mr. Stierheim: ... why, and what I would like to do. I also apologize that normally I like to have these reports in your hands well in advance of discussion and deliberation. As 1, think y a know, Mr. Mayor, we were working until quite late last night and this was finished so, et►.::e around :noon today. There are hundreds of copies available outside if anyone in the ao 1en •e wants to follow along. And I don't intend to read this exactly but to summarize the sub-,r•ncF , the report. before I do, if I may, I would like some of the Commissioners I don't think have G. the team that ,really has assisted in this budget reviewer working with finance officers < .0 116 September 26, 1996 department directors and key staff. These. people are all on loan and they are protxmo. I ,,act reierri.ng to Roger Carlton, roger if you would raise your hand. He's the former City .il+ira,age; of the C,Bty of Miami Beach and a former Assistant County Manager and Executive Assistant to me when I was County Manager. I don't know if this is coming across but he m)w +s Lockheed Martin Corporation and on loan from that company and he has been trend dews) valuable in the process. Bill Hampton. former City Manager of So. Miami who is on luar, , an Chief Judge J. Farina, former .Assistant County Manager and Budget Administaltor for mu many years... Mr. Stierheim: ... George Burgess. George is the Metro Dade Deputy Budget Director on loan from County Manager Armando Vidal and I also want to acknowledge Caroline Brownstein who is any Administrative Assistant from fife Bureau, who has been at the Budget Hearings and assisting In this entire process. Thirteen days have elapsed since 1 stood on the dais with you and have been intensively focussed on the budget, on the financial reports and on the fiscal affairs of the City. And I would say, Mr. Mayor, that you and the Commission were absolutely correct in requesting a detailed review of the proposed budget and these financial affairs. I am sorry to report that the budget submitted, well submitted balance, is not imbalanced. There are serious deficiencies on the revenue side and underestimated expenditures on the expenditure side. And in the report in generally line item categories, on Exhibit 1, we have identified those ger:-.m, areas that combined represent the, what I would call, the short fall. tend I will go into = ie specifics on those numbers. The first thing we did in addition to looking at the hi information that was available, we wanted to know where we were in the current fis- al year. And, we had the benefit of the financial reporting that was available through the first , ' months of this fiscal year which will end on September 30th. What we found was that as a net . R instead of having a carry over to bring into the next fiscal year, we have a nineteen point tour million. dollar ($19,400,000) shortage. Which in essence can be defined as a carried over deficit. In other words, • ou are starting out the year. on October 1, and you are short nineteen point four million dollars $19,400,000). The list that precedes that for example, combined General Fund revenue short falls, those are actual; those are hard numbers. They are based on the experience of 11 months and the obvious projection for the 12th. payroll cost overruns five point two million. dollars ($5,200,000); operating expenditure overruns four million dollars ($4,000,000), the unbudeeted Riverside Center operating costs one point three million dollars ($1,300,000) I won't elaborate, we can go down those items and if there are a.,ny questions either I or the star that's present, part of the team, can certainly answer those questions. On the plus side was the seven point one million dollars ($7,100,000) that was used to cover the cost of the early retirement incentives. That was sick leave, vacation, other incentives that were put into that package at the time That the City reduced its work force to meet a previous crisis. Because the total shortfall in revenue and expenditure was actually twenty-six point five million dollars ($26,500,1W) but with the infusion of seven point one million dollars ($7,100,000) whic'• was bond money, we reduced the closing liability to nineteen point four million dollar. ($19,400,OM). Then we began to look a: the budget and we looked at the projections of .rv.�: and we looked at the projections of expense. And we examined and identified each of tit separately. First on the revenue side, our analysis shows a short fall when adding the nineteen point four trillion dollars ($19,400,000) that we start out owing, because we don't have it. '►Jb'e have a revenue short fall projected of twenty-six point two million dollars ($2.5,200,000). Now keep in mind that includes the nineteen point four million dollars ($19,400,000). So on the revenue side we are looking at that kind of a liability in terms of having a balanced budget. The projections are as stated. Again we can respond if there are any questions on any of the items listed under the revenue short falls on page one of that financial statement. But on the revenue side again, we are twenty-six point two million dollars ($2.6,200,000). If you turn the page to page two, we have the projected expenditure overruns which: would be beyond what was repotted in the proposed budget. These comprise of solid waste casts, the operating expense for. the Riverside (;,enter, underbudgeted pension payments and interests. We think these projections are fag more aecumte. The public official ICMA deferred compensation roll over which I have 137 September 26, 1995 Fes' requested a legal opinion on as to ptior action of the Commission. The self-insurance and group health cats three and a half million dollars ($3,500,000) underfunded. Fleet costs another two million ($2,0W,000) and police overtime another two million ($2,000,000). The expenditure overruns represent twelve point seven million dollars ($12,700,000) so that the aggregate figure +that we am talking, about in order to bring the budget into balance is thirty-eight point nine milhon dollars ($38,9(h),000). 'There are additional liabilities and any staff .nnd 1, to he quite honest, debated over these as to whether one would define them as hard mists, and by hard ? paean cost that we have to... The dollars that we have to replace either by adding more revenue L r reducing expenditures. I feel that these cost, or certainly the majority of them are costs tltq: can be managed by direction and action of the Commission and by the Manager and the apprv,,riate depanment directors. 'There is a line item again for these items. There is some unceiuinty on the 1997 law enforcement block grant. There is question of whether or not those block grants can be obtained, there are corresponding expenditures on the other side so that tilere is a potential, liability. Again, this would require perseverance in trying to get those fees. Grants pardon me. The EMS (Emergency Medical Services) fees, this is a question of increasing collections. This emergency medical service, there are a lot of fees for that, that we need ta, 'x more diligent, we. need to be more aggressive -in going after the collection of those. Again, a question of whether or not that can be managed. I think that it can but it's going to take direction and commitment and the setting of goals and monitoring as we. move through the year. Parking tickets, as you know there have been a substantial reduction in parking violations .in the Downtown area. This caused a revenue shortfall this year, somewhere in excess of a half a million dollars ($500,000). .Again, this becomes a policy issue. It's an enforcement issue and one that I think can be massaged. Certificate of Use renewal fees, these are your C.V. fees. 'Phis is a systemic issue. It's a procedural issue and one that should be managed. 'There a lot of fees out there that are not being collected. If we manage it properly and perhaps bring some corrective prods .for, Commission action, we think this can be done. Self-insurance T.,v Fund 'Bonds. This is perhaps the most iffy and the most debatable. This was funded as anuit,c.r bond i ue for the Self-insurance "Trust and I want to talk about bond issues because that's Pa. 4 raf our problem here. Whether or not we issue those or not, leaves us with a liability gat,zotion because on the ether side on the funding side the money, the five million dollars ($5,06 .,,00) i shown as an expenditure and there are mixed feeliags among all of us, at least at this level, as t. whether or not we should do that. It needs review and it needs thorough discussion by tht Commission which I tbtink will be corning as wr- meet on some of these issues in the near term. On the expenditure side, and you will notice the asterisk, and I draw your attention to it. There was not time to get into the Capital Expenditure Budget and to get into the capital side of the City's finances and I don't want to leave anyone with an impression that that is not a serious issue for the City. You will be receiving a report on the Capital Budget. There are analyses being done now for commitments that the Commission has made by official action. Contract:-, that have been left as to the existence of sufficient funds tocomplete those projects and/or the. liability of not having sufficient funds to complete projects that have been initiated. We are endeavoring to differentiate between those projects which have not been started; those that have been started; what the encumbrances are for those projects; how much money has been spent and how much money is left in the specific cures for those: capital projects. That is not an easy task. We were in the offices last Might until one or so, and that review has already been underway. But the immediate priority was the operating budget because you are required by law to adopt a budget. To certify a railiage to the tax collector you must do that by October. 9th, wt have .-,,i flexibility, on that issue. Whereas the Capital Budget historically has been adopted later in -ft beginning of the fiscal year. So I think in the orderly flow of business we have time. But, plea remember that this is an issue that needs to be addressed and may impose some additional liabilities to us, I don't have the answers today. On the expenditure overruns to finish that, special events, conteibutions, donations and so forth. Many of those decisions are made on the dais to citizens who comae and ask for assistance, red- uc,tion on fees, waivers. This is a difficult policy issue for the Commission. You would like to be responsive to your citizenry and yet when you are facing a monetary crisis I think. prudence is called for. 1 think this is manageable 138 September 26, 1996 Pi w but it's going to be a decision for the board, for the Commission to make in how exactly you do that. The. next one is a tough one ahu). When th-,._ ► fter Hurricane Andrew and I complemer. t the staff of the a".`ity. 'They were ver aggressive in going out and getting FEMA money ind grants for hurricane damage, same sixty-eight million dollars ($68,000,000) I believe in ..`rat range, sixty-seven ($67,000,000). Ten million dollars ($10,000,000) of that was in the &roi of loan that has to be paid back with interest. City staff for some time now with our Washin,,:,,ton representatives have been trying to convert that loan into a grant. I have received soim encouragement from them that they think that may be possible. On the other hand if it is not possibly: then that money must be. paid back. The two and half million ($2,500,000) is our calculation of a Eve year pay back at the federal interest rate. ,A in, manageable if we can convert the loan into a grant. If we can't them that becomes a hard number and it is a direct exxppeenditure that Hearst be paid by the City. Unbudgeted pensk n expose, half a million ($500,C3Q0). This is whole area that Is not under the manager but I think it requires review. Are analysis ot the pension, administrative expense, both pensions, indicate that figure has been going up steadily. We think it .can be reduced. We probably would recommend that that e.Wense be put into the plan. It almost immediately becomes very ,manageable when that happens and this will be another discussion for the Commission. At any rate, there is thirteen point four ($13,400,0000) that I did not put into the thirty-ei& point nine million dollars ($38,900,000) because I felt that between the Commission, the Manager, the departments, etc. that that could Le managed and I think it would inappropriate to combine those two figures. Let me just talk a little bit about bond issues and then I would like to discuss what I think has left to this problem. And perhaps, the best example is the Pension Bond issue and I think what's happened here is indicative of part of the problem. In 1995, November or December right in that range, alis fisuLd year, the City sold seventy-two million dollars �$72,000,000) in general obligations, not general obligation, special obligation bonds. Not pledging valorem but using utility taxes and revec..:s other than valorem. 'i'he proceeds of that bond issue were to be distributed as follows- :en million ($10,000,000) was to be used to pay off as part of that seven point one million dollars ($7,100,0 0) that I discussed earlier, was to be used to pay off the buvble if you will, of sick leave, early retirement coats, incentives and everything that was put into that package. The balance sixty-two million ($62,OQ0; ' was to be used to meet pension obligations. The issue, was : old, let's say that it wa. barber that the proceeds were; received of 1.995, which is in this fiscal year. Approximately, twenty-fi%e million dollars ($2.5,000,OOfJ) was taken from that fiind and placed into the previous fiscal year, 94-'93, to replace monies that were taken out of the General Fund, ordinary payments to the Cene;rnl 1. und, I mean to the ipersion Frond. In other words we took bond money; we moved it into the prior year to replace or replenish if you will the General Fund for the payments that it had made to the Pension Fund. 'Phis helped balance the year using booed money, not a good practice. 'Then, the current fiscal year, another chunk of money, I don't know exactly how much, thirty? Unidentified Speaker: Thirty-five. Mr. Stierheim:... thirty? Unidentified Speaker: Roughly thirty-five. MT.. Stierlwitn: 'Ibirty-five million ($35,000,000) was taken out of that sixty-two million ($62,000,000) and sent over to the two Pension Funds. Again subsidizing the General Fund for what it normally would spend out of the General Fund for pension payments. ^tire balance left is about three million ($3,000,000). 'There was also about roar million ($4,000,000) that was used to pay pension administration costs and so forth. So, as we begin this fiscal year, we have about dme million dollars ($3,fM,0W) approximately left in that fund. But, we are looking at another thirty-five million dollar, ($35,000,600) payment to the 1Pesion Funds. So we bought some relief to the General Fund and it relievedus for two years. Now we are looking at another fiscal year. How, are we going to pay for. the Pens -son Funds? The problem is, 1 mean this is a vary 139 September 2.6, 1996 shott term fix &Ir a lang torrra M% etn. Because we are now looking at about six million dollslw ($6,000,000) in princi le and interest costs to pay for that bond issue. So there is another added liability to the General Fund. From a source of revenue that grows as the community grows, that is a source of revenue that you would like to have in the General Fund to meet the normal growth of City activities, payroll, everything else that is involved in the delivery of public tiervim., 1 used the analog+ o£' putting extra mortgages on your house, you really don't solve your problem, you add to the overall cost in the long run and sooner or later you trust pay that debt and you haven't solved th - roblem. If the ornery had been put into a reserve to cover f'utum contingencies and liability that would be one thing. But it is really a sort of hand to mouth kind of exiesteam,. I would close,. Mr. Mayor, e%, ith... on page three, and I think if there is a lesson to be learned from ail of this, I have en e~.avored to put down what I think noised this problem and this is a collective. point. You know before I do that, I want, you to notice on this sheet, the one that we just went through with all of the grist. There am initials down on the lower right hand corner on both sides. And there is a reran for that. And I might add thcae initials, I d,dn have to break anybody's arch. Whose initials were put on willingly but 14 days ago I was in a different world and I was not involved in the financial affairs and budgetary affairs of this nor for the teach that I introduck-A. 'They've only been around six or seven days, 'maybes eight. S, we have 'to rely ore, the information, the data and everything that we were able to get from the Finance Department. And I am very oanfident that the information that I have supplied to you, which I cm assure you the representatives from the collective bargaining unit will go over very, very carefully, will stand the test of that scrutiny. But I wanted the maple who supplied that information to signify by their initials that they stood by the information. That it, was reliable. That you could depend ,on it. That hopefully we can all take it to the batik as being accurate. Now beck to page three, whet caused the problem? And, this, these are serious questions. In my judgment there was and has been a questionable delegation of fundamental management responsibility and I can go into detatbi of any one of these that you may want to. There has been significantly inadequate and insufficient financial reporting. Your Charter, I believe on page 27 or 28, requires quarterly financial reports. They are nonexistence because I asked for their. Inadequate or nonexistence checks and balances and I would refer specifically to the decision to reorgani= and consolidate the Department of Finance with the Department of Budgeting an+s Managemeent which was done in a very- shoat memorandum to the Commission on February 14, 1995 about 1A month - ago. And what we did at that time, was to put under the control of the Finance Director Accounting; Accounts Receivable; Expenditure Control; Payroll; Treasury; Bonds; Investments; Data Processing; Procurement, etc., etc. The person that writes the cli:;:•ks opens the bank statements. I mean checks and balances means that you have some assurai that there are independent segmented responsibilities that provide a natural check on uth,. activities where the flow of money, finances are involved. It's protection of the public. It's protection for the elected body. It is protection for the Manager because we all bear responsibility for thm dollars. There was too much power, too much consolidation and an eradication of adequate checks and balances by that action. Arica, it just happened and no one raised the flag. No explanation incidentally. Uck of adequate management accountability. Inadequate and questionable auditing practices both internal and external, where were they? An absence of appropriate collective bargaining, not f*om labor standpoint, :hey slid an outstanding ,job, but from management stmidpoint. Fig.= what I can determine that process really did not take place, it was an acquiescence on the part of management. The manipulation and commingling of funds that should be segregated. Take from one pot, }icy a gill; replenish money; trove money from this fund to that fund; do it with a journal entry. The depletion of necessary or required reserve accounts. The issuance of bonds as I have discussed to meet operating requirements. Inadequate or insufficient reporting to the Commission ' on fWAd availability. Issues would come before you with Sunshine Stater funds to be deterratined etc. Anj when, the project go back, maybe it was funded, was there adequate funding? Project ,tarts, department director can't find out when the money is. Is there money? Why aren't the venC. is being paid? Ash any department director here, he'll tell you. The withholding of critical fimacial information that sheltered this problem , this crisis. 'this information should have been 140 September 26, 1996 made available to you, should have been brought to you. The rr isaase of din>cretionaly sl, ading authority. A complete': lack of fiscal planning. There is no fiscal planning 6,)r the City lonk, range. The approval of projects without identified funding sources for berth capital and operri * rg needs, which I've already described. The consistent withholding of important financial data from department directors. For 20 hours this weekend, every single department director that came before us said that they could not tell, they couldn't get information on the status of the funding for their projects that either this Commission had it approved or was in the budget. The abuse of executive benefit authority and I have my memorandum endeavor to clears up solve of those things. I don't know if there are any more out there but if there is, then I think we should. get at them. Questionable authorization of compensation. And lastly there has not been a comprehensive cash flow analysis in the Finance Department, I heard, for 17 years, certainly for several ,years, We am doing the first one. now so that we can try to get a handle; on thLs. This last is xaot inclusive, I could give you more. I think that theft situations should be corrected immediately. I think we. should establish, reorganize that department and establish clear accountability and checks and balances so the Commission can be assured that we don't ha«: j these kinds of problems in the future and that can be done, I think, relatively easily. I want I' end on a positive sate and I'know that a lot of this... Comm imioner Plummer: Cotnraissioner Plummer. Thank Geri, thank God. Mr. Stierheim:... and I know that a list of this. But I have to tell you. that I spent eight and a :a I years in this building. I was proud to come back. I want to put everything on the table and it's out tyre now, there may be some more canning when we get on the capital side but it's there and everybody can lwk at it and we can correct it. You have an outstanding group of employees, department directors. This can he managed. I don't envy you and I gay that with sincerity after 27 years of serving elected officials in a variety of ways. You've got, to make some tough decisions. The only way you increase revenues is to increase fees. I mean there are fees out there that should be. increased but it's a political decision properly. It requires the input of the public. Nobody wants to pay farces. Nobody wants to pay fees but somehow that bullet has to be bie If you are not going to bite it on that end, then the only way you do it is to reduce your expenditures to bring it into balancer. What concerns me is, when we salt and I listened to the report from the Parks Department, it's like the tip on the tail of the dog. Here's as department that can reach our youth, inner City, everywhere at a time when we are worried about juvenile crime and all the problems and they are having difficulty finding the transportation to move. these children from parkto park for intramural sports and so forth. And I don't mean to p;,:nt tc o gloomy a picture but I honestly think we can do this, it's going to take time. This took time to get to this point, it's going to take time to get us past this point. Mr. Mayor you have said tha, you want to have work session as soon as possible and so forth. The back of this report lists 76 proposals. They are not all Seeing recommended; some of there will be unacceptable; some of them may not be, substantive in the terms of the dollars they might generate or they might save. Some are huge, many cannot be done this year.. 'if this was going tA) happen, it happened at the worst time, because you have approved the budget on first reading you have no flexibility on the. milivage. We: am under the constraints of State Law. Major proposals where you would send the notice out its the tax bills or whatever will be denied you for 12 months. So there has to be an irateratediato plan to get us through this fiscal year and then the long term solutions can come into play and they will and I have every confidence that they will. 'There have been questions raised about -the City bonds and I've put a statement in here specific wally and I don't think any bond holder has to worry about anything, that we will meet this challenge and we will meet our payments and meet the requirements. I am recommending to you that you adopt the budget, that you adopt the millage. I've asW:ed the City Attorney to draft language that would allow you to do that and provide a statement that the Commission acknowledges that the budget is not imb Mced and that it will be in balance, you know, in the next several weeks, I don't knew e;mctcly kiw you phrased it Mr. Attorney, but I thank you for allowing me to present this to yov I know it wasn't pleasant and we are here to answer any questions and I assure you we're here to help you as we shove down the road. 141 September 26, 1996 Mayor Carollo: Mr. Manager, I; cart only thank you and the people that have helped you in this for finally getting the truth out, no matter how much it hurts and it hurts. But, the only way that this City can move forward is that we finally come clean once and for all. Whatever is there has and must come out. There is no way that we can plan into the future living a lie. The numbers that we have heard today are indeed shocking. Nevertheless, they are within a range that I think that the City of Miami can handle. It is not going to be easy, it's going to take each and every one of us that w+orka in the City, that lives in this City to have, to give a part of their selves. Each one of us is going to have to sacrifice but ,get through we will. The only good news that I've heard in this and we are looking at a potential fifty-two point three million dollars ($52,3M,(M) including the additional potential liabilities; of thirteen point four trillion dollars ($13,400,000) and of omime it's not including the Capital Improvement budget, we don't know how much is there. But the goad news is, that even though these figures are huge, the carry over for the future years is no more than approximately twenty million dollars ($20,000,000). And it almost seems cynical to say this is the goad news but, at least it is when we are looking at some f ty million dollars ($50,000,000) or mom that we have before us. That would really be something that would very difficult to deal with if we would have to carry that every year. Them are not going to be any easy solutions out of this. There are not going to be any solutions that everyone is going to be happy with. Whatever solutions this Commission comes forth with are going to be very difficult. I think that we have to set the example up here though, and we each and every single one of us has to begin by cutting from our owm budgets even though they are not big budgets we have to begin there by setting the example. And it is going to require each and every depatrtm''6nt to do the. same. We're going to have to bite the bullet for the .first time in nay life I am going to vote to increase fees that I've never done before in the previous eight years that I was here orin the 10 montbs that I've been back. We are going to have to make a tough decisions but nevertheless decisions that are going to give us a balanced budget and buy us the time so that in the heart several years we could bring on-line new projects that will bring tht revenues that will give this City the sound end stable financial foundation that we need anti wiF have. But, 4ci get there is not going to be an easy road. It's going to be a very difficult rc: ace Otherwise, the alternatives are not pretty and I think that all of you that are City employees are helve uxlay know what the alternatives are. We are either, going to work together and get through this together, or the alternatives are very ugly and I don't think anyone in this City wants the State of Florida to come in, to step in which will mean that we as a City would not be here any longer. That does not have to happen. Wile these numbers are scary, shocking if I may use the expression., if we all work together, if we. all give in a little bit in some cases a lot, we will get through it. The thing that I think we need to do Mr. Manager, we need to immediately set some times for next week so that we could get to worm right away. There are many things here that this Commission can vote upon next week and start doing. At the same time, the... If I could go back to your page three. The ''list that ,you included for us showing us what eased the problem that we are in today we need for you to immediately begin to implement the procedures Quit wili correct each and every one of these points that you heave expressed to us here today. I don't know if you would like that in the forth of a motion if so I will be happy to do it. But, we need to start moving forward in this and to stop the waiting. At the same time, the biggest question that I have is not, something that you could awwer or anyone here. But, the. biggest question rtt I have is where were our external auditors while all this was happening? And I thiuk that we also need to setup a meeting sometime in the near future, not necessarily next week„ maybe the week after, to give you some additional time to look at additional financial uata. and we aced to have a public meeting with our outside auditors. We need to get some answers. Mr. Stierheim: I have reviewed the management letters for the last three years and there are many recommendations they have in there. I think you are entitled to those aaswcrs. The externl auditors .are the guardian for the Commission. The external auditors are them to report. Their nanagernent letters are addresacd to the Mayor and Commission and they are there to give you assumuce that the administration is conducting itself consistent with the City Charter, with 142 September 26,1996 yv 1 the City Code, with the Ordinances and Resolutions this Commission adopts, with thi bud, finance reports and so forth. That is your protection. The internal auditor is supposed to protr the Manager. Because the. manager delegates authority that you give to him. He delegates it to the head of data promsing tar accounting, or whstever department, inarinas and I have, my o,.en questions patticularly as to the internal auditing function of this City. i means as to how thi, situation could get to the point where it is without the internal auditor raising questions and reporting and I think, Mr. Mayor, your questions are very legitimate as well. Now as far as the implementation of procedures and I appreciate the sense of urgency and your willingness to proceed, I thinly that it might be appropriate because some of these may take Commission action that I begin to break down these points and some others into specific and definitive actions and rules and procedttres that can be adopted and set into the Code and then audited against and people held accountable for. I intend to enlist other experm to work with our department directors and key staff and I've received assurances, of support and I will have more Information on that but, we will have a team to expedite many of these processes and bring you a report with very detailed recommendations. Commissioner Mummer: Merrett, what do you feel that we need to do this evening? Now, ve expressed to the. Mayor that Monday anytime after noon, and I don't have my schedule bel, on. d that, I'm available. But what do we need to do right now. We laid the cards on top of the te'Me. The picture is ,grim. The only good thing that I heard you say is, that it is manageable if i►� fact the bullets are bitten and I think that's what we stead to know. Where do we go immediately? Mr. Stierheim.- I honestly think that you should take no action tonight other than adopt the budget, certify the millage and I would like to hear at some point the language that the Attorney has suggested which will acknowledge the imbalance of the budget. You have to adopt a budget. This is not unusual. I've spoken as I think I said to the Governor, to the Department of Revenue and Legal Counsel in Tallahass":. There toe other cities, other Commissions who have been faced with this bind of dilemma at the end where they had to make some adjustments and so forth, so this is not unusual. It may not follow the strictletter of the law but it certainly is not unusual and you need to digest this. This is a heavy plate. Think about it; look over the list; see what's in there that you think is immediately durable, politically acceptable. What directions do you want to give to me, to counsel on the other side, on the expense side? These are questions that i think aie delibe mtive. Your willingnesss to meet on Monday, Tuesday that's perfect. And then we trash this oat, we have enough staff there. Obviously the leadership of our employees the vast, vast majority of v.hom are nmder collective bargaining agreements and so forth. I met with them today, I shared this information with them as I did with my department directors. They are going to be a major player in this process. Are we going to open up contracts, are w- going to look at some of the cost considerations there? There are wage increases that are contemplated, I mean there is a whole host of things that need to be analyzed rationally, objectively end I think, Mr. Mayor, what you said, that we are. all in this together and cuts have got to be made at all levels. V6`e have to share., If we approach it ft-om the standlroint that together we are goinl? to solve this problem, that's the right approach, I mean you were right on. Commissioner Plummer: Merrett let me give you, let rye just approach one subject. Let's use the inCUM of the EMS fens. Now, are you going to be aide to come back in this workshop whether it's Monday or Tuesday and say to this Commission because you and your people here of a team know the total picture. Are you going to be in a position to come back and say to us "Raise the fee from X to Y?" Mr. Stierlieim: We did not as I indicated in the memo put a cost figure or a savings figure next to each one. Some of those will require a study. I think in terms of EMS we will sit down with the Chief, and with his staff we would say how can we strengthen this, what steps do we have io go through to reflect a better collection rate. Is the fee adequate? Are we aggressive enough in pursuing the payment of the bill? Witat iv the outstanding unpaid collection level.? It inquires an 1.43 September 26, 1996 f"i analysis. I asked the departments, go back and give me a five, test, 15% what if question. If you had to cvt it five percent where would you cut it? Ten percent where would cut A7 I said gin": me additional su esdons for re -*venue, some of these came from that source. We would have to go back and do a homework to answer the question. Some questions we can answer on Monday or Tuesday, some wt won't be able to. 'We'll have all the resources present though ar. . we'll give you the best information we. can and if can't answer it we'll get the answers. Commissioner Dunn: Mr. Manager, Mayor OLrollo: Go ahead, Commissioner C ommiwioner Dunn: I've been speaking with some of the City workers particularly, Sanitation Department. I believe that it took a frig hit the last time around when there was a need for this type of Wag. y think the biggest c•.onc m if I may, if it's not premature, well I believe there is a great deal of flew among Cfty ernployr�, all City employees. I look to sex at your potential funding ssolution alternative. Will there be layofs in your solution? That, I think that's perhaps one of the biggest or greatest fears that concern many of the... If it's too early to answer that I don't want to put anybody on the spot, but I think if we could alleviate that fear first and foremost then we mn begin to work together. Together starting as the Mayor suggested with the Commission., We. are the leaders. We've got to set the example, begin to take the necxrsjry cuts. Mr. Stierheim: If balanoe rneams sufficient revenue to meet the expenditures. If you don't hzvt any layoffs then you have to raise the revenue. Thirty-eight point nine million ($33,900,W.)), fifty-two million ($52,000,000) that is a twig figure for a budget that is two hundred to two hundred and seventy-five million ($200,000,000-$275,000,000) if you want to include everything. I would love to tell you that there. would be no layoffs, I can't do that and it would be too premeatum. I am not recornmending at this point any specific action. If you ask me for recommendations you will have them but I would rather have you do the deliberative, give some dire.c`aon, a sense like you are now, let me meet with the department directors and the labor representauves and at some point we have to fish, or cut bait. Mayor C arollo: In answering your question, Commissioner, a lot will depend on what this Commission does and what the representatives and members of the respective City unions decide that they want to do. A lot of the deciksions are going to fall on us, not nece rily on the 1 llwiager to make. And, there are not going to be any decisions that are going to be plant or easy, I assure you. Commissioner gegalado: Mr. Mayor. Mayor Carollo: Commissioner. Commissioner Regalarlo: I would like to ask Merrett if he will come tack to us and would tell as if he will be able to give us ways of assurances for the future, immediate and distance future. So any Manager will not be able to misim. the spending authority in terns of the Fund? It seems that you have found what the press found in part before and these were a lot of .checks that were issrued to persons or entities who would not do any good in terms of work f©r the City of Miami. So, I was wondering if you will check that area and if you cm. tell us how to prevent that in the future? Mr. Stierhelm: I wiil have :specific recommendations. I don't think that a City Manager or a Department Direct -or should bee able to do anything when it comes to fiscal affairs that is not subject to audit; fti is not fully accountable; is not in some way shape or forge reported to the U,mmissioa. The Commission grants the power. The Charter does say what the manager shall 144 Seprtt-tuber 26, 1996 do, and so fatilt and so on. But the. Commission is in the budget and in your policy direction you are the conveyor of authority and power. 'i"Itat power is sacred because it involves public trust avd, public dollars and there have to be adequate safeguards and I can assure you that rules of procedures and administrative code if you will, can be drawn up that will not only discourage but make it very difficult to misuse that authority or that trust. Commissioner Regaiado: Mr. Mayor, just another mote following your announcement. i K :� making some numbers and I can announce that our office is willing and will be. able to return 18% of the operating budget to the General Funds of the City of Miami. Mayor Carolio: That's a good start Commissioner. We all need to snake that kind of stan up here if we are going to ask it of the m.st of the City employees and City departments. Any other member of the Commission would like to make any statements at this point? Vice Mayor Gort: At this time the question, that I had is the same question that the Mayer ha.% and I remember about two years ago we went thi-ough this process and we worked very closely with the unions and the different divisions trying to reduce the budget and we owe it to reduce it some. `Ybe question that I ask myself is the same question that I asked before. My understanding is during these collective bargaining or meetings the unions themselves have their own atulitors looking at the... our budget. We have an extemal audit looking at it and like you said the letters, the imt one that I read, is that the City was in beautiful financial shape and made congratulations to our Financial Department. My question, is there a responsibility there? Commissioner Plummer: Responsibility on who? Mr. Stierheim: '1%ere is responsibility certainly. By the order, I think that is spelled out. 'I....:. am national accounting standards, auditing standards. 'There is a contract that sets forth the requirement. As I said fundamentally the role is to assure this Cbrumission that the fiscal affairs and the conducting of fiscal activity, the expenditures, is consistent with the Charter, with the Code., with the rules and regulations that you adopt and acceptable accounting standards which are always the guidelines for auditors. You will find replete on every page from every auditor that you ever looked at, who is going to say that this is accordance with and so forth and so on. .And there is municipal accounting standards that are annually reviewe 1. They are very rigid and they are there for anyone to look at. Commissioner Plummer: Merrett let me ask you, are you finished? Vice Mayor Gort: No, I haven't finished yet. Commissioner Plummer: Finish. Vice Mayor Gon: Mr. Mayor our office will look at tie, we have been asking for five, ten and fart. We'll commit to the 15 percent. Czmmissioner Plummer: Let me ask you a question. It might have been two years ago or three years ago. I remember with pride that they came here to this Commission and told us that they had won an award for budgeting and budgeting procedures and you remember that? When was it two years arO Unidentified Speaker: Municipal Finances Distinguished budget Presentation. Commissioner Plummer: I)Winguishr°,.d Budget Presentation. Now, what does that mean? Mere, here it is, yeah. What does that mean? 145 September 26, 1996 k Mayor Carollo: I think ,you know today what it meant Commissioner. The sad side to all of this while we can point to some of the people that held previous positions„ this just didn't happen because a handful of people mismanaged our City or worst. The root of this goes much deeper than that unfortunately. The media, some media has a lot of the responsibility. In the old days, remember you had investigative reporters all over the place. Something like this would not have happened lvcause of budget constraints if many of our major medial that no longer has been the cafie. At the same time, going through hundreds and hundreds and hundreds of checks that were issued from the discretionary fund. Frankly, we had people in the media that were compromised. That are: just as responsible as anyone right at the top of this administration that has to share th- responsibility. We had people in print media that were receiving check after check after check. Some others that were receiving thousands of dollars. In one case in particular supposedly for working for the Department of Conference and Conventions and Christina Abrams that's here, the Director of that Department, confirmed to me, and she could come up and state if' I'm giving erroneous information_, that this individual they had never heard of. 'There is no record that he ever slid anything for the Conference and Conventions department, nobody knew who he was. But he's on radio every morning attacking this City, the City Manager, members of this Commissioners and saying that we're a bunch of liars. That all this is something that we. made up. Others had friends that again, were receiving monies from the Discretionary Funds. Others have had family members that vrere given positions in City government and you all know, every single one of you knows, that in every one of your departments there are people that don't do half the job that you'll do but they are untouchables. You can't touch them because they were put in there by someone and they were protected by someone. U, w enforcement, they have. to share a lot of the responsibility of this too. Because frankly, our state law enforcement has iifte u dormant for some time. At times I wonder if we had any. Finally we saw some action from ,.bA Federal Government. So the responsibility of everything that has happened here. has to carried by a lot more people and if we hadn't been living in a community where everybod;- has - such a cozy relationship with one another, as we've had in the past years, where one ha..d washed the other, this would not have happened. If there is anything to be learned from this is that this has to stop, if not history will repeat itself. And we have to start in rebuilding a new and diffewnt Miami than the one thRt we had in the last several years. And that's the only way that we are going to have a sound City again and yes, it's a sad day today. ,And last night when I finally got the final numbers and they worked until three in the morning on these, I felt like raying. I could not believe what they had done to our City. Nevertheless, we will get through it if all of us who work together are sincere in trying to get through this. Shorty go ahead. Mir. Shorty Bryson (Miami FireFighters): Thank you Mr. Mayor, Shorty Breison, Miami Fire Fighters. First of all I'd like to say th.anlm to the team, Metrett's team, Manager's team. Although we were very nervous all week long because we didn't have a lot of information because they were working so hard, they shared every bit of it with us today and gave us a good opportunity to air all our questions and concerns, and. I promised that, all information would be forth coming that was used to get to these numbers. I think that for the employees and I'll speak for the fate employees and the other bargaining units can speak for themselves. But for the employees I think one of the number one thins is the verification of these numbers. I will tell you this, that I don't think that we can unverify thirty-nine to fifty-two million dollars ($39,000,000-52,000,000) worth of probiern and I think that a verification will be good because A., we'll either imd out it's trine, or two other things we'll find out it's more or we'll find out it's less. And I'm with you, we're all in the boat together. I feel that it's good that at least it's come out to this point. That we need to find ways to management it and every employee in this Commission chamber can feel bettet when it's handled knowing that in the next five years tbey'll have a place where money will be put into their pay check. I think Oat the second part of what my union really desires is a sharing of the pain for this problem. And that means from each level of our group: the citron, to you, to mwcutives, to the bargaining unit employees. If there is a sharing and we work this problem out together, I believe that I can convince my membership to loom at concessions. Because without there eye won't have a City. So with that in mind I want to 146 September 26, 1996 pledge our support in the process. We want to be ,involved. We want to help and we want to come up with solutions. I will say and this is not, this is for my employers out there. Without input, verification and all the information we'll have to play defense. That's only natural and even the Manager has agreed with me on that. That's a natural recourse. So I know, I hear it right here that there is going to be cooperation, we are going to be in there 100% and I think we can solve this problem so, thank you. Mayor C',aroilo: Shorty, thank you very much for those wards. We've known each other for some time now and out of all the different union presidents that I've met throughout the years, I think you are the one that has dealt the straightest with me ever. We might knock heads on this one down the line, I don't know because the decisions are going to be tough for you, for us but I know that you have been sincere. You are going to be a key part in getting the City of Miami through with this financial. crisis. I think your leadership will also be important and set a prune example to the other union representatives. You are right. The pain has to be shared by everyone and that's exactly the direction that I'm going to go in looking at all the options that we have, where the pain will be shared by everyone. It's going to have to be shared by us by all the different departments, by the different union members, by the residents of Miami. Any other union representative would like to speak? Charlie you have the opportunity. Mr. Mann? Mr. James Diann: Mr. Mayor, Commissioners, Mr. Manager, my name is James Mann. : •mi second Vice President Florida State Lodge Fraternal Order of Police, I'm here this evening as the acting president of Miami Lodge 2B. Our membership and our executive board which is here this evening are committed to working with the City. As long as there is a sincere effort on the City's parts to work with us, we are willing to work with the City. We are willing to resolve any problems, We are willing to do whatever is necessary. I have instructed my attorneys to also kook at any possible liability to federal law enforcement. Federal law' enforcement left Mr. Surana in place after they caught him. I also want to look at that aspect to help recoup some cost for the City and I thank ,you for your time. Mayor C'arr©llo: Thank you. Before we open it up to residents to speak and they have the opportunity here to do that. I would like to ask the City attorney if he has the. wording that lie would recommend that we would use to adopt a second reading. Mr. A. Catunn Jones, III, Esq. (City Attorney): First of all let me just point a couple of thin&m out, Mr. Mayor and Commissioners. In terms of the millage and budget that you would b. adopting on second reading which would be� final, both of these processes follow the Trim process which, one point that I disagreed with. Merrett on, that does not call for a balanced budget. There: is a statutory section of the Florida Statutes that calls for a balanced budget but it allows for you to bring that balance, that budget imbalance during the fiscal year. Now I had conversations with General C'ouncil's officte of the Department of Revenue and I was told explicitly that they are. not concerned in this proms that you undertake this evening as to whether to balance, the budget is balanced. What titer are concerned with and what they would be kx)king for is whether you've complied with the requirements of the truth and millage section which is commonly referred to as the Tim Bill. Now the budget ordinance that you will be posing already has language in and I can read it for the record which essentially says as foilow-s: "The appropriations are the anticipated expenditure requirements for the City but are not mandatory should efficient administration of City departments and beards or altered economic conditions indicated that a ctirtailment in certain expenditures is necessary or desirable for the general welfare of the City". Certainly if you want to go further than that and acknowledge as the Manager has indicated to you that the budget that you will be passing is not presently balanced but that the Commission will act as expeditiously as possible to bring about a balanced budget. And certainly you can acid that to the statement but I don't think and I don't feel, in my professional judgment that you need to pass any additional language. You have the added protection in here, you have the statutory section which allows for you to bring that imbalance 147 September 2.6, 1996 anti of course the ordinance that you would be adopting does provide for appropriations to be made that will reduce expenditures to bring it into balance. So I think the necessary safe guards are in place that you don't need to do any more than that. Mayor Carollo: Based on your legal opinion then we will be voting on that. Mr. Quinn: OK. Commissioner Plummer: As it wasn't presented in the first one. Mayor Carollo: Exactly. Now, let's go batik then and open it up to the citizens that might want to express themselves. it's going to be a limit of two minutes and everyone should address themselves to the issue at hand„ Commissioner Plummer: Joe do you want to talk about... so the public will know before we rush out, or they rush out. Are we talking Monday that we are going to get together, on Monday and set a time? Mayor Carollo: Well, you can't meet until the afternoon on Monday, Corm. xt? Commissioner Plummer: Anytime after lunch. Mayor Carollo: What I would suggest that we do is, give the department directors a little m.;- t time. Give them tomorrow, the weekend and Monday. Let's come back on Tuesday morn. t, and begin then. 'This way we have a little more time to find some of the solutions and how Mt .. each of those solutions will bring to the City or save the City. Commissioner Plummer: GK. So we are Hooking at Tuesday morning at nine? Mayor Carollo: 'Tuesday morning at nine. Commissioner Plummer: OK. Mayor Carollo: Go ahead. Mr. Manuel Gonzalez-Goenaga: icy name is Manny "Watchdog" Gonzalez Goenaga since 1999. The only mistake that the Manager said is that there was not flak. I have raised since 1990 flacks every single meeting. And I am going to speak here before B.C. and After C. Before Cesar amd After Cesar. There were you Commissioner Gort? Where were you Commissioner Plummer? You are negligent and you are going to be sued by the citizens. Mayor Carollo: Manny, Manny please. Let's not get personal in this. Mr. Goamlez-Goenaga: OK, GK. 'Then :he issue is. Mayor Carollo: Let's not get personal with this. Mr. Gonzalez-Goenaga: It is not personal, it's thy; citizens against people w>ao are responsible. There are income side and expense side. Well I want to add the recovery side, which is suing the aecountaets, suing the Commissioners B.C. and including Xavier Suarez because I have evidence, I have in there, if you did. If they did not know, they should have known and I know the law. You know it better Mr. Gort because you are in the security business. And let me tell you to finish, with a quote which I said it here, since Suarez time "if a man does not keep page wi'� his. companions Iv.rhaps it's because he hears a different dntmmer. Let him speak to the 149 September 26, 1996 �_ music he hears, no matter how measured or far away." I told you so guys, and employees of the City of Miami and I have paid a very dear price, ten arrests, criminal arrests. I want all these responsible people behind bars also like I have been for doing nothing, thank you. (APPLAUSE) Mr. Mariano Cruz: The place I work first. 14311 Biscayne Boulevard, North Miami Beach and my work take one to North Miami, Biscayne Prank, Miami Shores and Incorporated, Dade. Where I live is 1227 Northwest 26th Street. The Commission should be responsible to us, the citizens of Miami, Many people choose to live out of the City that's there problem. Go to see their, Commissioners on the other side of the City because we vote mere and one thing. I don't mind paying taxes if I get the service, the quality service that we deserve bemuse we are paying t�,r that. And I tell you, or the taxes I pay, the least I pay is to the City. I pay a lot to the Federal Government, a lot on County Tax, a lot in the food and beverage tax too, the homeless tax all that, Jackson tax, yeah OK. A half a penny, a penny and you know it adds up. The gas tax 16.7 cents a gallon all right to the tax. OK, now let's go easy bemww I've come here every year for many years, 20 years. I remember when I came I say, thi.; year I am making ten thousand dollars ($10,000) less than last year so let's see you save money, the same thing happened. So it's happening now to the City and I've been lobbying for the Parks Department at all times and, you know, it's a shame that we spent so much money in the Parks Department. The problem is that va►e've got so many chiefs all over the place and not enough Indians, right? September 14, 1996, Saturdays at 5:55 p.m., I go with my grandson to Curtis Park. He wants to go to the bathroom. He can't use it because the bathrooms are closed. They don't have a part-timer. We pay five dollars ($5) an hour and you add ten percent on Social Security, Unemployment Compensation, Workmen's Compensation because they don't get any benefits. Five fifty an flour ($5.50) Rand they can't have a part-timer in the park to take care of the park out there and then we have to go home because lie cannot use the bathroom. He can't, you know, just go there on the side'.< rik like some people do, and all over the place there. But, remember about the, one of the thine. now, the other thing you can save money... Mayor Carollo: }Mariano quickly, your time is up please. Mr. Cruz: ... is now, look at all the bills I am getting from the City on the three dollar. ($3) surcharge. They sent me about a dollar ($1), just in stamp a dollar twenty-eight ($1.28) for all that bemuse they want to collect six twenty-four ($6.24) because I sent a note. Let me know why the surcharge, is that going to be part of the slush fund, probably? No, eighty, 80,000 accounts at three dollars ($3) each is two hundred and fort,, thousand dollars ($240,000), a lot of money. I want to know before I pay the bill, I don't care about the lien, why they raise the fee, I don't mind paying taxes as long as there is a public hearing and you are involved and everybody is involved. Not right away by yuccas no, it's emperor decree... Mayor Carallo: Mariano, yeah. Mr. Cruz: .. they gave that. Remember also, the take home car, you've got to do something about the take home cars. I see them all over the place. Mayor Carollo: 'you've ,got an... Mr. Cruz: They are going shopping, taking children to school everything, you can save money there. Mayor Ca rollo: IMai iano you got an extra minute, I thank you for your comments. Mr. t.'ruz: OK. 149 September 26, 1996 Mayor Carollo: That three dollars ($3) was voted upon before a majority of %is here was in the Commission some time ago. That's something that I agree that should be up front not the way that it was approved... Mr. Cruz: OK, right. Mayor Carollo: ... and given to this Commission to handle in the past. ,And hopefully : t is something that we could correct and present in the right and proper way. Sir. Mr. Albio Castillo: My Warne is .Albiy� L Castillo, I live at 2386 Southwest tat Street. I'll makc it two minutes, don't worry I'm known for this. My question is this, what is the City of Miami tug to do between Solid Waste and Code Enforcement, there are ninety million dollars 4'($90,000,000) uncollected? Is the City going to put litigation departments to collect those ninety million dollars ($90,000,000)? There is some money that we could use. .Are we going to spend also in the Orange Bowl, twenty-five million dollars ($25,000,000) approximately like we did in '95? 1 would like to know what the City is going to intend to do that? Mayor Carollo: Well number one it's more than ninety million dollars ($90,000,000) uncollected. Some of that is real money, some of it is not. Once we decide which way we will go in proceeding with that you and everyone else its the public will know. But that's why we are meeting next week. Mr. Castillo: But that's ninety million dollars ($90,000,000) that we could use. Mayor Carollo: Well, it sounds like it's ninety million dollars ($90,000,000) but it's actua:i3 not. If so, we are a hundred million dollars ($100,000,000) out there. But once you come down to it, it's a. lot less because you have many properties that are not even worth the amount that we have a lien on or even close to it. Others that certai, inly are and we haven't done anything about it and we should. In fact, during the past months I have been talking and meeting with people. We had numerous meetings with the Manager at the time, discussing that to take action on it. Mr, Castillo: .also, I would lake to know what the City is going to do with the freebees and festivals that are not complying with the laws. Mayor C hrollo: Two words, No mas. Mr. Castillo: 0h, ,good. That means the Kiwanis wouldn't comply with the open bottling laws and a few other ones. Mayor Carollo: Well whoever was getting funds from the City for whatever festival, for whatever activity this is going to come to a stop we cannot afford it any more. Mr. Cnur: The problem is... Mayor Carollo: Thank you. Mr. Cruz:... and a few others. Thank you. Mayor Qxrollo: Thank you for your comments. Cam- missioner Plummer: Joe, in defense of the Kiwanis they have not received any City funds 1 think for three years. 150 September 26,1996 Mayor Clvoilo: Three years, yeah it's been yews, yeah. Commissioner Plummer: Yeah three years. They are the Coconut grove Art Festival and the Kiwanis have not received Any funds. Ms, Jo Lft: CRxid evening, do Lee. I live in Cownut Grove on lEsprlalola Drive. I ,just wanted to agree with some of the comments that have been made by the Mayor and the Comm issionei s,. This is a very sad time for the City. But, thanks to Mr. Stierheim and the other persons he has brought in I think that we have some. good homes for a solution. My personal feeling is that if we can continue as you gentlemen have said, in a spirit of coc)perat.ion and working together, and having �nac out of this a good, strong system of checks and balances on expenditures and regular audits and oversight and all of that, perhaps we can have le-amed some very valuable lessons and maybe our wonderful City of Miami can be even better, I hope so. Thank you. Mayor Carollo: Thank you very much for your statement's and you know that was the key word check and Balances. We lost the check and balances inside City government. We lost a lot of the check and balances from the media and we lost a lot of the check and balances from law enforcement. Mr. Jim Master: Oh, ladies first. Mayor Carollo: I am sorry, go ahead. Ms. Lori Weldon: Hey, hi. How .are you? My name is Lori Weldon, 160 Northwest 44th Street. I just want to say that I agree that as a resident we will have to bite the bullet and perhaps du an increase but I will also say that if I'm to be increased in taxes, a millage as such, I don't get services as it is. Garbage collection in my Dart of town is rare as it is. I can put out on the said day that it's supposed to be picked up and it's not picked up for two weeks. So I don't want to be increased to bring you out of a hole that, gentlemen I'm sorry, I hold you responsible for. 1 ercause you appointed the Manager and regardless of what checks and balances you may put on paper, we hold you responsible for your employees, period. If I have someone working under me no matter what I have on gaper, the bottom line is I'm supposed to know what's going on. I do believe that the City is a maze and there are ways that they cab be escaped, but if I come to, but if you come to jute and ask me to bail you out, when I come to you and say I think there is something going on in the City that you need to address, I feel as an official I entrusted- you with arty vote: yocr should entrust my fears and check this before it gets to !his point next time. As I've said for, an increase in millage I meant to inake sure that my part of town gets the services it deserves. That my children are able to use the bathroom at the park, and that any police, protection is in my neighborhood and not in other parts of town. Because it's unfair to assess everyone and protect and serve a few. Mayor Cauollo: Before you go, can you step in my office and give them your address so that we could find out why your garbage is not being collected on a weekly basis? Ms. Weldon: 'The trash uhurrt, not the garbage. I shouldn't say the trash, O.K.- Mayor Carollo: OK. The trash, OK. But please do that. Ms. Weldon: 'OIL, Mayor Carollo: Secondly of all, let me try to answer one of your questions. Since I have been back a ro �x mutely ten months ago, Every time that I asked questions I was lied to. Every time that I asm more questions I was attacked and called a trouble maker. 151 September 26, 1996 61+314vk Ms. Weldon.: i know that feeling. Mayor Carolio: Then the people that were being taken care of would use their radio programs or use their newspapers to attack me more publicly. T'hat's part of what we have here. The records are clear. It finally had to come to the point that i had to bring it out in the open at a open Commission meeting where I asked the question, Does the City of ?Miami have. any budget pro ections into the future? And I was finally told no. But of course I was promised that they will I e coming and that date. never carve until finally we are here today. Ms. Weldon: OK. Mayor you and I both katow that I have been through that process... kno* that. And one other thing that I forgot to .say is that in also in, when it domes to employment as far as the City employees and I hope everyone can retain their job, I would like to know that we are also having the millage incremtst-4 or do what we need to help you out and that we have fair representation in upper administration and other areas as far as the City is concerned. As far as ,k£riican American and females and that they are not on the bottom sole when it comes to the salary base at the City of Miami. Mayor CArollo: Well, I thank you for those words but I disagree with you in one area. I do not wish that everyone that works for the City of Miami today retains their jobs. The vast majority of our employees are very hard working, are very conscientious employees. But those that were given jobs only for political, that's political appointees, that might ,give 50 percent, 40 percent, 60 percaent or some evert less. Those are the kinds oi; people that this City wouldn't miss a beat if we get rid of them. And that's where we could begin cutting some of the budget. Mr. Jim McMaster: Jim Me -Master, 2940 Southwest 30th Court, Coconut Crave. Many of the staff here know me. I've been coming here for years and I've been complaining about the budget. As a matter of fact, I complained so touch about the bonds that in 1994, Motion 94-65;, "A motion authorizing the City Manager, to invite Jim McMaster to join designated City staff at Ci.1's expense on its next trip to New 'York for purposes of discussing the City's bond rating'. And we all had a good job about this. Yore know Jim obviously dida't know what he was talking; about, everything was fine: with the bonds. The fact is that everybody is guilty.. From the top right here to the bottom. Everybody, I have heard from staff for years, everybody understood that there" was something wrong and before the people out there watching TV say yes, those people at City Mall, well where are they? We've had you know for years now we've had Manny Gonzalez Goenaga, myself and Mariano coining down here. A City of 365,000 people and we get t1tree residents to come down here. and talk about a budget when we are at ten mills. So anybody out there on TV watching this, going tutt, tutt, tut"4, well they are the ones to blame in reality. If they don't like what you guys are doing they should have voted you out of office, or they should have coarse dovni here at budget time and they should have spoken. So, I think everybody from top to bottom is to blame. My real concern here is that this might even be worst than we realize. I've heard that many in the unions and in the general employees of the City are concerned that this somehow has been blown out of proportion for whatever reason. They are talking on radio about this. What I would like to see since everybody is to blame from the top down to the 365,000 residents of this City, I would like to see the unions and the City get together anti get an vxternal auditor, I don't care to hear atx)ut who the City Manager has gotten an audit for years or whatever. I want right now an external audit that the ration are going to agree, the kind of person that you think isn't going to have cover-up, the kind of person that the Commissioners can agree with and let us get an external audit. You know, I ann the guy who has came, down here for years and said we should dissolve the City and you know we. can have our own little Cmonut Grove or whatever. I am not here to discuss that today. What I am here to discuss is, get a hold of what's happening, let's find out what the problems are and let's correct them. .All of us together evenly across the board. We are going to pay more in solid waste pickup fees, maybe fire goes to the County, whatever, We aria all going to 11wise and we all have to lose evenly. What I can't adept is, I as a resident am not going to drift for years while; you 152 Sep4mber 1996 guys argue. You know if you guys want to argue, you are at ten mills, we are hank pted fine. Just dissolve, the City. So either get together or dissolve it. 'Thank you. Mayor Carollo: We are not going to dissolve the City of Miami. I think that's the one thing that all of us are certainly in agreement in. How we get to the point that we have a stable, financial situation for a City is where we are going to have some difference in. But all of us want to save the City of Miami. I don't think there is any disagreement in that. Ma'am. Ms. Joyce Nelson: Thank you very much. Joyce nelson, 2535 Inagua Avenue. I came home from work and turned on the TV, very interested in this meeting. And I find it very upsetting. I got involved in the 0Icy of Miami and the politics in 1991. I saw a tot of problems. I've tried to addir,ss those problems here with different mayors and different City Commissioners and some of the same. I think that we have a problem that has existed for a long time and I hope that now we can address the problems and deal with their as they calve before you. People aren't happy and we feel ignored as we've said before. We've tried to get different things enacted f v Coconut Grove of which I live and I am involved in that. And somethings have been on .av benefit and sorne things are on the negative and I hope that would. change. But for one thing, and i am speaking only for Coconut Grove because that's where i live. We're not willing to pay more taxes. We are willing to get more services. We've done away with a lot of services here in Cow -nut Grove and that's not what we are after. And if it requires budget constraints and changes in City government, let us not be the brunt ofthat. Lotus work together and resolve the issue for everyone's benefit in the City of Miami. ''Thank you. (APPLAUSE) Mayor Carollo: Anyone else who would like to address the Commission from the public? Mr. Michael Samuels: Yes, I am Michael Samuels. 4001 Ethopia Court, Coconut Grove. I was the first C bairman of the Coconut Grove Village Council. We knew or we felt for a long time that there was ,a problem in the City and so we created the Council and we did what we did and finally it's came to this. I want to tell the Mayor I thank him very much for his: courage in bringing this out. I hope that the City does survive. I am going to work to have the City survive. As a resident of Coconut Grove, I am willing to pay more taxes to have the City survive so don't think that the people in Coconut Grove don't want to pay their fair share of the problem. 'k you very much. Mayor Carollo: Thank you, Your Honor, for those words and Coconut Grove is one of the neighborhoods of the City of Miami that has been and is paying the most taxes. We're almost at ten mills so as far as raising the property, taxes anymore, it's very little that we can raise and certainly, as was stated before here, dmt cannot be done for this fiscal year as far as raising the millage rate. Some of the things that we are going to have to consider is raising fees, which in essence arnounts to raising taxes, let's not kid ourselves. You're just calling it a different name and that's one of the things that this Commission is seriously going to have to consider. And frankly, I see no other way but to have to raise some fetes so that we can distribute the pain and everyone shares, as we discussed before, in the pain that we're all going to have to gear.. Mr. City A•to: ney, excuse me. We have someone else who would like; to speak. Mr. Ikon nelson: Yes, thank you very much for recognizing me. I am Ron nelson. I am also a Coconut Grove resident and I've, you probably know my face, I've been here many times. Sorry to hear about everything that's happening but we carve and complained many times and it turns out that the citizens: cries were correct on many instances. And, I just want to remind the new Commissioners and the new Mayer that as Joyce had said, that we felt that we weren't treated very well, and we really weren't. We were treated rather abusively when we came to speak and the previous administration, the previous Mayor would cut us off or not let us speak in many 153 September 26, 1996 rl instarwes and did curtain things like. moving Planning and Zoning items to early in the day so msidents couldn't be here for them. I hope that this new administration doesn't do that. I know it's inconvenient to meet in the evenings but that's when the residents can be here. 'That's when the citizens can be here, we all work. We can't be here at one or two in the afternoon to speak up on issues that happen in our neighborhoods. And I hope these types of things will changr now in the City and come back to where the residents can participate. And I hope, you know, that it has sunk in. 'That we weren't wrong. We were right when we came in here: and screamed about a lot of these things and we. deserve to be listened to and in many instarim some good. things have come out of it. I know I've spoken on a couple issues and J.L. or even you Joe have said "yeah, it's a good idea, you know, you're right. Wwe ought to look at that". And I thinly you need to listen to the citizens more and give thern the opportunity to speak and I hope that this administration will do that. Thank you. Mayor Caxo'llo: 'Thank you very much and several of you have brought some points out that are; very, very valid. I think Jim McMaster said that the blame has to be given also to all the residents of Miami across the, board because many are not here. Well, many are not here because they also work have families to raise, have the everyday problems that we all have. Miami is not a rich City, it has a lot of working people. But I thinly out of all this mess if there is something that we can point to with joy and pride are. the people of Miami. I think that's the biggest. resource that we have, Miami's people. It was the voters of Miami, the residents e.: Miami, Miami's people, they were the first to scream, be fed up with, to notice what was happening inside our government, And if it hadn't been that the people of Miami, the voters of Miami were so fed up and were the first to rise rip to what was happening in our government, when even the wedia wasn't noticing, when law enforcement wasn't .noticing, the people of Miami were noticing. And if it hadn't been for that, frankly, I wouldn't be here today nor would Commissioner Regalado. When I got elected last November I was hardly able to raise any money inn the primary, no one not even some of my long time friends in the unions here in the City gave me the slightest chance, and you gays know that. But. I was able to win because the 'people of Miami were fed up with what was happening here. They could see through what others either did not see or did not want to see. And that's why I was selected your mayor. And this is why Commissioner Regalado won against the apposition of so many special interests. And the one thing that both he and I talked about in our campaigns was about just what lied to all this. The influence peddlers So I think that if anyone has to be complemented and praised in +this wboie mess are the residents of Miami. They were fed up with what was happening. They saw through a lot of what was happeribig. Seeing that no one else from the public would want to speak:, the public section of this meeting then is closed. Any other member of the Commission would like to make a statement:` 'dice Mayor Gort: Mr. Mayor at this time I really would like to thank Merrett and his team. At the same, time I would like to add that when I first came here in '93, I was told that we had a crisis. At that time, and I got all the document,; in here of all the work that we had to do to reduce the budget, like I said it before. And the unions were there, and the employees of the City of Miami were there at the time. Unfortimately, the whole picture was nDt told at that time:, the deficit that we had. And certain representation was made to all of us and we had to trust in all of us bemuse we worked as a team and preparing the '94-95 budget, it took a lot It took a lot of work and it toots; a lot of cutting from the unions. And once again, I appreciate them coming forwaid and saying they will continue to work with us to make sure that we survive. I think that we did it in the part and we can do it again. And I want to take this time to thank all crf you for be0g, here and Iib� the Mayor says, all of us working together we are going to make it:. We have a great City and now we found this, once and. for all. Now, we know what the problern is. `Phis is a problem we inherited front a long time. This has been corning., but as Merrett says this has becn coming for a long time now. I think we finally got it, realized what the problem is and I think you've got the: leadership in here to deal with that problem and thanks to the. cooperation of the County and all the: other individuals in here, we are going to make it. And most important all of rm working together. Thank you. 154 September 26, 1996 Coratnissioner Regalado: Mr. Mayor. Mayor Carollo: Wes, Commissioner go ahead. Commmissiones ITeplado: Gast night when I was workas in the radio station I had the visit of thrre City' of Miami employees. 'Very humble }�ople, Iknow there for many years. And they just sat in the studio, they didn't waist to go on tt�e air of course. But during the commercials we talked and they were somehow afrsid o£ what's going to happen today. But they had a lot of Was, T['tc;y had a lot of solutions to this crisis and I have been able to find things, things that I have shared with Merrett that has been very kind to give me his time in the past days, that I think that can be used to help fix this situation. One example is that one of the departments of the City of Miami is paying now a lease for a 1988 Oldsmobile that is costing the City of Miami five hundred and seventy-eight dollars ($578) a month. So I think that with that example if we follow that trail we can stove a lot of money and fix a lot of things. Mayor Carello: Commissioner, you are so right in the statement that you made. If it hadn't bc%- fiat so many City of Miami employs that at a tune were risking their jobs, were riskiu , retaliation its cDming to me, giving one so much information there's no way in the world c sat I could have known a lot of what I was able to find out. In fact, if it weren't for those employees we would have some 30 plus, 40 additional people as permanent employees today, that were political appointees and in the last day of the empire they thought they were, going to rush theirs through and bypass many others that were much more deserving, and be brought into positions where they would have full civil service protection. And, I may add, in a way that was very underhanded and, in my opinion, was violating civil service rules and regulations. Commissioner Lunn: Mr. Mayor. Mayor Caxollo: Commissioner. Commissioner Dunne: I believe that this commsinity more so at large, has shown a great degree of resilience. If we go back in 1992 when we were hit by the worst natural disaster that ever oc=TW in American history with hurricane Andrew, everybody hadto work together. There was no racial division. or .power plays or anything of that nature. We had no choice. You saw people reaching out to one another. people who were neighbors who did not speak prior to, begin to speak to one another because everybody was more or less on an equal plain. I believe that in order to ensure that we do work together there are and there is a segment in this comrmr;nIO, that is still uYing to divide, still .spreading malicious lies, misinformation. Those of us who are sincere .about truly desirous of making Miami a great City, a City that it can be, a new Miami if you will. We have to repud ate; denounces have zero tolerance level for anything that even looks like it's going against progress in re4eveloping our City. And I believe that's where we have to start because there is a segrnent that plays on emotionalises and plays on racial tension. This City has gorse through a lot, and I can understand why because there"s a melting pct of nationalities and cultures and it's nat easy to reunite but we have a great opport unity to demonstme to the world tl•.at we can. And I look forward to the challenge of.. I'm not so heaven or hell bent, I'll say that on toeing retained on this. scat, I mean, you )mow. You come in here, you come in the world with nothing you leave with nothing. And many number one dire is tc> do a goad jab as I pledge and reiterate that pledge I will do what I can that I believe is to the best in+tetresgt of the City of Miami whether I am here post November or not. But I tfiiak if we are to ptngreu, if we are to advanoe, if we are to overcome the trials and trib;tlations that we face its days ahead then, we must not tolerate in any shape, fares or fashion anybody Black, White, IMpanic, Haitian or other who would try to divide this community. 155 September 26, 1996 9, 0 ......................_........................................................... ...P..... .......................—.1...y. I.S. SEM. ND READING ORDINANCE,, DEfy'INE,ADF..SIGNAT'E CITY TERI ITORIAL LIMITS FOR FIXING MIL.LAGE&EVYING TAXES FOR FISCAL. YEAR OCTOBER, 1, 1996 TO SEPTEMBER 30, 1997. Mayor C'arolle: Is there a raot.ion one the second reading ordinance? A.., Commissioner Plummer: So moved. Mayor Chrollo: A, motion by Commissioner Plummer. Viet Mayor Gort: Second. Mayor C,arolka: Sewnd by Vice Mayor Gort. City ,Attorney can you reard the ordinance that Ave are to approve? M.r. Quim.: Oft, before I... This is for the adoption of the millage., a change in state law now doses not necessitate the reading of the entire ordinance. However, I have to read into the mood the following., 'Itis is for the general operating millage, the roll back rate is nine point two ;is four two (9.2642;) percentage increase is three point six two percent (3.63%) The millage rate to be leveraged is aline point five nine nine five (9.5995). The deist servire millage, the millage rate to be levied is two point one zero six zero (2.1060). Having react that I will now read the title of the ordinance. An ordinano-, defining and designating the territorial limits for the City of Miami for the Outpose of taxation. Fixing the millage, and levying taxes in the City of Miami, Florida for the fiscal year beginning October 1, 1996 and ending September 30, 1.997 containing a severabiiity° clause. Mayer Carollo: Car, you call the roll Mr. Clerk°, Mr. Wafter J. Foo man (City Clerk), Roll call. An Grdinaace entitled - AN ORDINANCE, DEFINING AND DE.SIGNAFING THE; TERRITORIAL. LIMITS FOR ' . Crff OF MIAMI FOR THE PURPOSE OF TAXA.TTGN; FIXING THE MIL LAGE AND LEVYING TAB IN THE CITY OF MIAM.I, FLORIDA, FOR THE FTSQkL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997, CONTAINING A SEVER.ABILITY CLAUSE. 1,56 September 26, 1996 Aff red on its first reading, by title, at the meeting of September 26, 1996, was taken up red second and final mading, by title, and adoption. On motion of Commissioner Plunttner, sc(mnded by Commissioner Gort, the ordinanw- was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn,11 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. `f'i M ORDINANCE WAS DESIGNATED ORDINANCE NO. 11398. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. - 16. SECOND READING ORDINANCE: MADE APPROPRIATIONS -- FISCAL------- YEAR '97. Commissioner Plummer: I move the appropriations ordinance Mayor Carollo: 'There is a motion for B on the second reading, the appropriations ordinance. Is ¢heir a second? Vim Mayor Gort: Second. Mayor Carollo': Second by Vice Mayor Gort, Can you read. the ordinance please? Mr. Quinn: An ordinance making appropriations for the fiscal year ending September 30, 1997, containing a repeler of provisions and severability clawse. Mayor Carollo: Call the roll please? Mr. Foemn: Roll call. An Ordinance entitled - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL"YEAR E14DING SEPTEMBER 30, 1997, CONTAINING A REPEALER PROVISION AND A SEVEFLABILIT'Y CLAUSE. 157 September 26, 1996 W "'"N passed on its first reading, by title, at the meeting of September 26, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its secor, and firizi (reading, by title, and was passed and adopted by the following vote: AYE: Commissioner Tomns Relpalado Cxmmissioner Richard P. Dunn, Ii Commissioner LLM Plummer, Jr. Vim Mayor Wifresde Gott Mayor Jet Caroilo NAYS: None. ASSENT: None, 'IM ORDINANCE WAS DESIGNATED ORDINANCE NO.11399. The City ,Attorney read the oxdina=- into the public record and announced that copies were available to the members of the City Commission and to the public. commissioner Phunmer: Move item-22. Mayor Caroilo: Item 22, discussion of proposed millage rate intended for the Doti coven Development. ,Are there any statements from the Commission at this point its time? .Mr. Quinn: Wait a minute. I have it Commissioner, thank you. Mr. Cruz: Public. Mayor Carollo. Let's just wait a minute or two for the clambers to clear from those that would like to go now. Commissioner Plummer: Where's the what? Vice Mayor Gort: A piece of rope. Commissioner Plummer: You want to do it now in the middle? Fine with me. Mayor Casollo: Let's just take a quick five minute break until the chambers clear. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 7:06 P.M. AND RECONVENED AT 7:34 P.M., WITiH! ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER REGALADO, FOUND TO BE PRESENT. (C'lsistina Cuvo sits in as Assistant City Manager) Vice Mayor C )rt: ... the meeting that we are going to have Tuesday. Should we have the Principal from the Deloitte & Touche to be here? Mayor Carollo. No, I don't. think we're ready for that on Tuesday„ I think Tuesday we need to { go over solutions. I think, C..ommissioner, that we need to look at a few other thing and then 158 September 26, 1996 r„ ws�1 hold a public meeting strictly to ask them questions. The only other thing that I'd like to �..,y before Mertett steps out and Christina comes back in is that this City cannot begin to Imagine how ltrc: ' it has bev.a to have someone like Merrett Stierheirn as Mannger now, and the sacrifice that he's made. Yesterday was his birthday. you know how he spent his birthday? Working until three in the morning. 'slice Mayor Goort: That's the way he likes it. Mayor Camillo: And going over our finances. (APPLAUSE) Manager Stierheim: Painful, but It was a labor of love and we are going to solve this problem, thank you. j` Commissioner Plummen We forgot .Joe Longueira. I've got a gift certificate for you from nn; brother and I. Happy birthday Joe. Mayor Carollo: Right. Vice Mayor Gort: Where is his gift certificate? ....................................... -................... 17. SEMND READING ORDINANCE: D FINE/EJESIGNATE TERRITORIAL. LIMITS OF DOWNTWON DEVELOPMENT DISIMICr -- FIX MILLAGE/LEVY TAXES FOR FY'97 --AT FIVE TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OP' ALL, RLAI..f i''ERSONAL PROPERTY. Commissioner Plummer: Mr. Mayor I move 22-A. Mayor C.ardllo: Motion for approval of 22-A by Commissioner Plummer, second t.; Commissioner Dunn. Cart you read the ordinance Mr. Attorney' A. Quinn Tones, III, Esq. (City Attorney): Yes. This is the adoption of the ►village for the Downtown Development Authority, with a roll -back rate of .459; percentage increase of 8.23 percent; rniilage rate to be levied, .5. Mayor Carolla: Before you call the roll, I'm sorry Mariano it's been a long day, I didn't notice you up there. Actually it"s been a long year, but you got two minutes. Mr. Mariano (Cruz: No, the reason I arc not speaking because you see, I didn't get enough time since I am not a City employee or a .anion less, you know so I have to use... Mariano Cruz, 122-7 Northwest 26th Street, Milani, Florida in ,A,llapattah. And there is, I have nothing to complain about the DDA (Downtown Development Authority). As a matter of fact last Sunday I went to Downtown, sometime I go to Bayside in the nighttime. I went to the Rumba and then to the Merengur festival, perfect. I loge Downtown before. Sunday night used to be dead. Now, it's jumpy I tell you, and I spent like, I don't know maybe twenty-five ($2,5), thirty ($30) dollars so that's, that's money_ with my grandson and my wife, you know we went. there. The only thing to continue with the problem they had be.fore or like; you say, t1he thing that we need on th, problem, are the parks. Because otherwise I'll be forced to do what I did years ago. I have got 159 September 26, 1996 111 r :0 to o to the Cit of Hialeah; buy a nonresident permit, around one hundred ($100), one hundred anf fifty ($is6 and take my children, nay grandchildren there. Because we have the physical track in Curtis ark, the millions of dollars and then they don't have the part-timer to keep the park open, when they got so many, so much money being spent in the place. And we that pay for those services, we don't get those services. My, wife complain to me that she can't use the bathroom there or Carlded keep them locked or whatever it is because she doesn't have anybody to, for the, to take oven the badm)om. And one thing, with ail the money now that they say far the lgitd et there is going to be an intermediate task force. They should have taxpayer or somieb y in there, in that committee, to keep Checks and balance. Not just City employees or... it should have all the commissioners there now, to keep it balanced. And with all the money too that th y're getting from all that, they should be hiring, making civil service some of the 1 �ot timers that go part-time or temporary. They work 39 hours and no benefits and all that and tt.d, should start by that. Because there are I.eople here that get a lat of benefits. Then see, the Lilipil has got the two tier on that so, they were hypocrites. They don't want us, once they are in, they C. don't c:wv about the other purple outside. No, they are brothers too. We come from the same, we are in the same planet, OIC So, that's it that's all. Mayor Carollo: Mariano your time is up. Thank you for your statement. I appreciate it. Mr. Crux: Thank you. Mayor Carollo: I'm going to give Caridad a call see if she gives you a copy of the keys so that ,you won't have any problem with that bathroom anymore.. Mr. Cruz: I don't have any problem with it, I pay taxes. Mayor Carollo: Thank you, I appreciate it. '.fir. Cruz: '+Nliether it is City, County, Mate, you name it. I pay... Mayor Carollo: You do, thank you. Can you call the roll please? 160 September 26, 1996 An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DE11111A)PNIENT DISTRICT OF TEIE CITY OF MIAMI, FLORIDA; FIXING THE MILeLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT7, FOR TIME FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997, AT FIVE TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THNr SAID MILLAGE AND THE TAXES SHALL BE IN ADDITION TO TTIE FLING OF'171E MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS REFLEC171) IN THE C:ITY'S MILLAGE LEVY ORDINANCE FOR T'HE AFORESAID I" ISOAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT TIME FDaNG OF THE MILT AGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEA11NG OR AMENDING ANY OTHER ORDINANCEFIXING MILLAGE OR LEVYING; TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. lwsedi on its first reacting, by title, at the Sheeting of Plummer, was taken up for its, second and fina.1 reading, by title, aAd adoption. On notion of Commissioner Dunn, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYE:i: Commissioner Richard P. Dusan, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSEN`r: Commissioner Tomas Regalado "THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 114.00. The City Attorney read the ordinance into the public record and announced that copies wereavailable to the members of the City Commission and to the public. 161 September 26,1996 0 W ..w...w.•.r........w.C3RD......w............. i-................. ................n..............s.................... 1P. SECOND READING INANCE: MAKE APPROPRIATIONS FOR DOWNTOWN DEVELOPMENT AL.rTHORITY FOR FY 97. Commissioner Plummer: Gort you want to move it, I'll move it? 22-B. Mayor Carollo: Goa ahead, B. Commissioner Plummer: Second. Vice Mayer Gort: Twenty two B, 22-B. Mayor Carroilo: Yeah, B. Read the ordinance please. An Ordinance entitled - AN ORDINANCE MAILING APPROPRIATIONS FROM: THE DOWNTOY^1 DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR TIME DOWN -TOWN DEVELOPMENT AU`I'HORI'T'Y OF THE CITY OF MIA.MI, FLORIDA, FOR THE FISCAL YEAR BEGINYWNG OCTOBER 1, 1996 AND ENDING S1 P TEMBER 30, 1937; AUTHORIZING THE DOWNTOWN DEVELOPMEN-T AUTHORITY TO INVITE OR ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLE)IBILIT'Y; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL. YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997 FOR OPERATIONS FOR THE CITY OF ML4.MI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLA-USE AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of September 26, 1996, was, taken up for its second and final reading, by title, and adoption. On motion of Commissioner Dunn, seconded by Commissioner Plummer, the, ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: , AYES: Commissioner Richard P. Dunn, I.1 ComxmLssioner J,_L_ Plummer, Jr. Vice Mayor Wifzedo Gort Mayor Joe Carolio NAYS: Note. ABSENT: Cr mmissioner Tomas Regalado THE ORDINANCE 'WAS DE&SiGNA M-D OR.DINANCE NO. 11401. The City Attorney read the ordinance into the public record and announced tiwt copies were available, to the members of the City Commission and to the public. 162 September 26, 1996 W r� MINUTES OF PUNNING AND ZONING MEETING OF THE CITE' COMMISSION OF MIA,MI, FLORIDA On the 26th day of September, 1996, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan. American Drive, Miami, Florida in regular session. The meeting was called to order at 7:40 p.m. by Mayor doe Carollo with the following members of the Commission found to be present: Mayor Yoe Carollo Vice Manor Wifredo Gort Coratnissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. ALSO PRESENT: Merrett R. Stierheim, City Manager Joel Maxwell, Deputy City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Cleric ABSENT: Commissioner Tomas Regalado A. Quinn Tones, III, Esq., City Attorney NLayor Carollo: We are going to go back to the Manning and Zoning items that we had. The first, one that we're ,going to take up is the one that we had said that we were going to do right after we were doge at seven or after. It's now seven -forty so. Commissioner Plummer: Which one wras that? Mayor Carollo, T'nat was 1 believe item three in the Planning and Zoning agenda. Commissioner Phunmer: Three. Mayor Carollo: Item three. Iaurdes SI k (Deputy Director, CPR Dept.): OK, PZ-3 hi an appeal of a special exception that .vas &,aced by the Zoning Board. 163 September 26, 1996 ...,.W...w..............,................,..............................---------------.._.._...._ -----. 14. VACATION AND CLOSURE OF APPROXIMATELY N.E. 2 (.=UR'a BISCAYNE BOULEVARD, N.E. 2 AVENUE, N.E. 22 AND 23 STREFTS (Applicant: Simkins Industries). ...u.......,............................................................................... ................. Mo. Lucia Dougherty: Mr. Mayor, this is going to be item PZ-4. She is allowing me to go before her. Lourdes Slazyk (Deputy Director, CPR Dept.): OK, PZ-4. Commissioner Plummer: Are we on 3? 4 Ms. Cuervo: There's only three PZ (Planning and Zoning) items. I mean I didn't know ho was going to do that. C'ommissionr r Plummer: What? Mayor Carollo: OK,, anybody that wants to speak on this item from the public, we Wd to swear you in before you begin. Commi ,sioner Plummer: Well, he wants to do :his because there's people here on it. Vice Mayes Gort: OK Commissioner Plummer: mer: We'll do it after. Mayor Carollo: Lucia, you are one, Anybody else from. the public who wants to address this item? Commissioner Plummer: Are we on 3 or 4? Ms. Slazyk: Four. Ms. Christina Giervo (Assistant City Manager): Four, PZ-4. Commissioner Plummer: We're on 4, OK Mayor Carollo: Oil. What happened to the people on 3? Ms.. Cuervo: Lucia just said that Adrian is allowing her to go first. Mayor Chrollo: Oh, OTC. I'm sorry. Ms. Cuervo: So PZ-4 and then PZ-3. Mayor Carollo: Thank you, thank you. OIC Can you swear them in? Whoever is going to speak on this item, can they raise their right hand? AT THIS POINT THE CITY CLERIC ADMINISTERED REQUIRED 0A11i UNO; ORDINANCE NO. 10511. TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. 164 Septenthyr 26, 1996 41 W Mayor Carollo: Judge Gate, are you going to be speaking on this one? Judge John Gale: Yes. Mayor Carollo: QK, that's fine:. Mr. Jim lay (Deputy Director, Public Works): Mr. Mayor, members of the Commission, £'L-4 is a public hearing for the vacation and closure of Northeast 2nd Court between Northeast 22nd Street and 23rd Street, and for the closure of all the ten -foot alleys in the blocks, either side of that stm t closure, all in conjunction with the tentative plat known as Terra Nova Biscayne. This pexticular closure has been studied by the Public Works Department's, flat and Street Committee, and we have determined that this closure does not adversely affect traffic circulation, or access for public service vehicles, or pedestrian traffic:. Mayor Carollo: Whatever happened with the meetings thecitizens had with the attorneys there? 1 Mils. Dougherty: I... We never had a meeting. Mr. Kay: Ale've never had a meeting on this one. Ms. Dougherty: You may be thinking of PZ-1 and 2. Mayor Carollo: You're might, you're right, you're right, you're right. It's been. a Long, long day, Uiccia. You are absolutely correct. This is 4, Yeah. I was wondering why. I thought you were hitting me with the bank location. You're right. Go ahead. I apologize. Mr. Kay: To review the tentative plat of' 'Terra Nova Biscayne and determine that all thn technical requirements of tids plat, this closure have been mete. It wnmes to you as an approval from the Plat and Street Committee, and public recommendation for approval from the Plat and Stmet Committee, and public Works Department. I might add that in 1992, the stueaet closure was approved by the Commission. And the reason why they are back before you today is their time limit of three years has run out. So they aue back with the same plat before you here again taffy. Commissioner Plummer: Is there anybody, Mr. Mayor, here in opposition? Mayor Carollo: I haven't heard of anyone. Is there anyone in opposition? Commissioner Plummer: According to the map; there is only one person that lives about four or five doors away. Mr. Kay: I have to... I must tell you that yesterday, I received a phone stall from a Mr. Felix kaodrigueL, who lives at 411 Northeast 25th Street, and he was opposed to the closure. But his rain reason was that since we had step no activity on the previous closure, he was afraid that the same thing could happen now, and he was opposing; the plat, if development was not eminent. I just wanted to state that for the record. Vice, Mayor Gort: Mr. Mayor, for the second time, I would like to hear just a small presentation on what you intend to do with the property. Ms., D,ouglserty; Yes. Mr. Mayor, members of the Commission, Lucia }Dougherty, 1221 Brickell Avenue, here on behalf of the owners. We, have a contract to sell this property to the UTD (United 'Teachers of Rode), who is going to put their corporate office here. They are going to 165 September ?A,1996 build a 90,000 square400t building. They are going to zrnploy 100 people. The taxes will be three bund.red and fifty thousand dollars ($3SO0,000) a year. It will be a great benefit to the neighborhood, and we'd urge your support. Vice Mayor Gort: Mr. Mayor. Oammissioner Plummer: That's brief moue, . Vice. Mayor sort: Since we don't bave anyone in opposition in that neighborhood, any development that takes place in there will be very helpful to it. fart ready to move it. Mayor Qrcillo: Well, not, only that, but this is exactly what we ;seed in this part of town. 13.6.sc.ayne Boulevard needs this. How quickly can you build this, so we can start collecting that three l-undredl and fifty thousand dollars ($350,000), Lucia? h4s. Dougherty: As quickly as passible. We're just overflowing in our existing offices. Mayor C,acrolia: Very good. Vice Mayor Gort: Move it. Commissioner Plummer: I didn't hear a voluntary... Mayor C arollc: TAere is a motion by dice Mayor Gort, secend by Commissioner Ph n mer. Commissioner Plummer: Whoa, whoa, whoa. I think I'm... Mayor Cr'arollo: Not seconded by Commissioner Plummer. Commissioner missioner Plummer: Yeah... No, I would like to second it, but I think there is going to be a voluntary submittal? Is that what it's called? Ms. Dougherty. Mr. Plummer... Mayor Caroll:): None of those black olive trees of yours, please. Commissioner Plummer: No, sir, no, sir.. No, no. We gave up on those a long, time ago but... Mayor Carollo: Yeah, just... What we need now is cash. Commissioner Plummer: T%t's... No, you can't say that, Mr. Mayor. We need voluntary... 1'v'ds. Dougherty: I'm glad you raised that. I'm glad you brought that to our attention, because I want you to know that my client really wants to donate five thousand dollars ($5,000) to the City for this closure. Commissioner Plummer: And now, I second the motion. When? Ms. Dougherty: Upon closing. Judge Gale,: Upon closing. Mr.. Dougherty: Upon closing of the... 166 September 26, 1996 AAAk -,ON Judp Gale:.,, tht" properly. Ms. Dougherty:... of the property, Commissioner Plummer: 'Yeah, but three years ago, you let this thing run out. Judge Cale: We didn't have a sale. Ms. Dou rty: We didn't have a sale. We never had a closure, either. Mayor C arollo: When do you anticipate that you'll start constriction? Judge Cale: Well, the contract was signed last week, and we were told it would take 45 days. Mayor C arollo, Forty-five days? Judge Cali-: And then we'll actually start. Mayor C arollo: What is the anticipated finishing date for this project? (INAUDIBLE COMMENT NOT EN -I ER,ED INID THE PUBLIC RECORD) Ms. Dougherty: Hello, Judge. Mayor C arullo: By this time next year, Jim? Commissioner Phimmer: Ninety thousand square feet' That's a big building. Judge Gale: It's a big building, but they're all set to go as soon as we... We had a little delay because of this problem, and what it entailed. 'There were things t'nat ocruned t1lat we didn't know about. For example, there was some asbestos in one of the buildings that has to be torn down. We couldn't tear it down until they went in to ;heck it first so... It's cast a lot of money to move some of the water sewers. It eras a problem that delayed everything. But we are going to get on it right amay. Mayor Ca►llo: Whatever we could do in City government to help and expedite permits, inspections, please let us know, because this is one of the things that we, as a government, are going to have to snake sure that we do quickly now, because that's the only way that we are going to be able to get on the tax roll new buildings a lot quicker, so that we can start collecting taxes that we need. Judge Gale: If I can have your permission to contact you if that should arise, l would appreciate it, Mayor Carollo: Certainly, feel free to. 71-Ank ,you. Ms. Dougherty: Anyway, this five themandl dollar ($5,000) payment will be part of the closing document, so it will be a fee paid at closing. NOTE FOR THE RECORD- Commissioner Regetlado enters the Commis on erralsarr at 7:4 6 p.m. 167 Sep►ember 26, I996 WIC ba Mayor CAW11o: Very good, Any additional stateme6ats, Commissioners? Vice Mayor Gott: No. Mayor Carollo: OK Hearing none, all in favor, signify by saying 'aye." The Commission (C'uliectively): Aye. :Mayor Qrssllo: OIC. Ms. Dou. rty: Thank you eery much. Mayor C arollo: Thank you all. The following resolution was introduced. by Vice Mayor GoM who moved its adoption: RESOLUTION NO.9r6-67'7 A RESOLUTION, WITH ATTACHMENT(S), VACATING AND CLOSING THAT PORTION OF NORTHEAST 2ND COURT, LYING BETWEEN THE SOUTH RIGHI'- OF-WAY LINE, OF NORTHEAST 23RD STREET, AND THE NORTH RIGHT-OiF- WAY LINE OF NORTHEAST 22ND STREET, FOR A. DISTANCE OF APPRO)UMATELY 319.94'; AND ALL OF THE 10 FOOT ALLEYS CONTAINED WITHIN BLOCK 10 AND THE REMAINING PORTION OF BLOCK 14 OF EDGEWATER, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO AND MAIZE A PART HEREOF, SAID ACTION BEING A CONDMON OF APPROVAL OF TENTATIVE FLAT ##1411-B "TERRANOVA BISCAYNE" FOR THE PROPERTY LOCATED AT APPRO)UMATELY BISCA.YNE BOULEVARD, NORTHEAST 2ND AVENUE, NOR.THI AST 22.ND AKD 23RD STREETS. (Ifere follows body of resolution, omitted here and on file in the Office of the City OWL) Upon being sminded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AITIS: Commissioner Tomas Regalado Commissioner Richard F. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carolina NAYS: None. ABSENT: None. 168 September 26,19E96 ---•------------------------------------------------------------------------------------------------------------ 20. REVERSE 'ZONING BOARD DECISION OF JULY 8, 1996 -- APPROVE j SPECIAL EXCEPTION TO PERMIT BUILDING CIATERIAL&SALE&STORAGE AS SPECIFIED UNDER ART. 4, SEC. 401 SCHEDULE OF DISTRICT REGULATIONS, CONDITIONAL PRINCIPAL USES C-2 LIBERAL COMMERCIAL -- .AT 3460 S017n DIXIE HWY. -- APPLICANT: DADE LUMBER INC. -- SEE LABEL 13. Mayor Carollo: We're back to PZ,-3. Commissioner Plummer: Which is the only other item we are taking up tonight in PZ, right? Ms. Slazyk: Na, no we... Mayor Carollo: PZ-3 and PZ-8, then we want to go back to the regular agent and finish •what we can if not all of it. Commissioner Plummer: PZ-8. Oh yeah. Ms. Slazyk: All right again on PZ.. Mayor Carollo: Plummer you are going to have to get used to working full time again.. Commissioner Plummer: Mr. Carollo for your edification sir, I've been here till two and three o'clock in the mormug. Mayor Carollo: I remember those years. We might have to be here again until two and three in the morning again. Commissioner Plummer: Sir, I will be here. Mayor Carollo: Good to hear that, thank you. PZ-3. Ms. Slazyk: Thank you. PZ-3 again is an appeal of a special exception which was denied by the Toning board. The Department of Community Planning and Revitalization is rec*rnmending approval with conditions. This is a special exception to allow building materials, sales and storage at 3640 South Dixie Iijiway. The department originally recommended approval with two conditions. First of all that whatever work was going to be done to the building farced, signs that kind of thing be submitted to the planning department to make that esthetically they are appropriate for the neighborhood. Arad secondly the plans showed an access point off of U.S. 1 that we though was too narrow to accommodate truck. We wanted the applicant to apply for a 35 foot wide opening there to be able to accommodate the trucks. 'ne preliminary indication f = kDOT (Florida Department of Transport,3tion) iw that, thatt can't happen. So we don't mind it staying the original width but they prohibit truck usage of that access point. The tracks would have to come in on the Mundy, on Mundy Street. Commissioner Plummer: How are you going to do that? I mean you are talking building materials. How are you going to sell trucks that can't go in and out? Ms. Slazyk: Oh, no. There is three more access points on Mundy and that is actually where they plan the trucks to come in because that's the rear of the site where... 169 September 2.6, 1996 1W so Commissioner Plummer: Is it blocked from Dixie? Ms. Slazyk: Ah, no, No, it's not. It's not wide enough to accommodate trucks. So the trucks are going to have to come in at the rear. Commissioner Plummer: But in other words is there, in their proposed plan, an opening on the Dixie to come cut? Ms. Slazyk: Yes, there is a plan on... Commissioner Plummer: A truck loaded with building materials? Ms. Slazyk: No, that can't make it. It's not wide enough. `Ibey are going to have to use the Mundy access for that. A semi can't make that turn. Commissioner Plummer: But there is an exit on to Dixie. Ms. Slazyk: There is an exit on Dixie. Commissioner Plummer: And you are going to stand. Who's going to stand there. and tell the snicks no, no you can't come this way? Ms. Slazyk: Well I think if they try they are not going to be able to make with the width of the opening. Commissioner Plummer: That's what scares me. Ms. Slazyk- The deliveries will he in the, at the rear of the site which is the Mundy access. At the Zoning Board meeting the applicant also proffered several other conditions in response to neighbors concerns about noise, the use of loud speakers. 'We have accepted those conditions and we are recommending that they be attached to the special exception. One of them was the prohibition on the use of loud speakers, and the other was that the Mundy Street, there are three access ways on Mundy. „ Two of them, only the northern most access will be, will allow left. term, The others will be posted with right turn only signs to steer the traffic toward U.S. 1,and away i✓com the neighborhood. Vice Mayor Cort: Ah... Cbmmissioner Plummer; Excuse me. If you're. talking about coming out on to Mundy all right. Ms.. Slazyk: Might, from the site. Commissioner Plummer: And to keep those trucks from going through the residential neighborhood. You're talking about them going to Dixie Highway. Ms. Slazyk: Ye - Commissioner Plummer: And Dixie Highway is. 45 miles an hour and trucks loaded with building materials are not the fastest thing in the world. Are ,you not, you know. Are you not creating, a problem? Ms, SlMk: Well, there are brakes along Dixie Highway even at 45 miles... 170 Sept/ember 26, 1996 Commissioner Plummer: There is no speed lane, there is no. Like if the shopping center where they have a.., what do you call that lame Jet? Vice Mayor Gott: Deceleration lane. Commissioner Plummer: Deceleration lane. And I don't see one here. Nis. Slazyk: No, but there's a light at 37th Avenue. Vice Mayor Gort: 'Where is a light a block beforo. Ibis. Slazyk: Right. The block before there is a light. Commissioner Plummer, Okay, The light is one a block away. Vice Mayor Gort: Yeah, half a block. Mayor Carollo: Let's swear them in before they speak. Mr. Walter Foeman (City Clerk): Do you solemnly swear and affirm that the statements that you are about to make Isere tonight will be the truth and nothing but the truth, so help you God?. Mayor Carollo: OK. Let's everybody that's going to speak, that's got their hands raised. For the record, anybody that will be speaking has got their hands raised. All right. Very good. 1'e+I.r. Foeman: Do you solemnly swear and affirms that the statements that you are about to make here tonight will be the truth and nothing but the truth, so help you God?. Mayor Carollo: OK. Out of those who fuad their hands raised, how many are opponents to this?. There's like four or five people that I see. How many are in favor of this? It's about three, about six or seven people. All right, thank you. Go ahead, Ms. Adrienne Pardo: Bello my name is Adrienne Pardo with law offices at Greenberg Traurig, 1221 Briekell Avenue. I'm here today on behalf of Dade Lumber which has a lease on the subject property. Dade Lumber is a hardware and home center which also wants to sell lumber at the subject property. With tree here today from bade Lumber is Pete Lamadrid who is the owner of Dade Lumber. I also have: with me here today, Reverend Leonard who is St. Matthews Church and also with the minister's alliance. Also, with ass here today is Vish Chowdhary and C;alid Asahilly who are both with Bermejo & Ajamil which are traffic consultants. In which we will get into the traffic issues that Commissioner Plummer has raised and we will address that for you. We also have with us other individuals within the community that are also in favor of this project. Dr. White was here earlier. Dr. White is with the Coconut CJrove Homeowners and Tenants Association which is in favor of this project. However he had to leave to go to a funeral and he didn't know if he was going to get back in time. And also with us here today is Officer Leonard who lives in Coconut Grove. He had to leave, but he's back. 0& lee's back, also Vice President of the homeowners' Association. I'd like to give you a little history about the subject property. It's located at 3640 South Dixie Highway. It is located directly on South Dixie Highway and it's also located off of Mundy Street. It's located within &,e C-2 district, which is a liberal commercial district. Them,, are many items,, many uses that are permitted within this district which I will get into later. The reason we are before You today is because of the sale of lumber. Some people have referred to it as a lumber yard., which it is not. It's going, to be a hardware store. and a homeware store. It will serve the community and there are many people within this community that want it but it will also have the sale of lumber. Because of that the City Zoning Ordinance requires that we get a special exception and go before the Zoning Board. 171 September 26, 1996 t We went before the Zoning Hoard in July of this year and there were only five members present at that bard.. The board had trade a motion to approve this particular item and out of the five members there, four members on the Zoning; Board approved, voted to approve our particular application. However, because one member, only one member on that board denied it, we were not granted approval because at the time the Zoning Board had a rule that said unless you fret five votes, even if that's all the people you have there, unless you have five votes, you're denied. So unfortunately we lost before that board. However, if that same vote was takers today, because after our case the Zoning Board passed an amendment to their rules and they changed that rule, so today, if the same vote was taken, we would have won. Before the Zoning Beard now you only need a majority of those members in attendance. Like most of the votes that are taken with any other beard and with this Commission rather than the requirement of five. 1H an ever, anyway because that rule wasn't in place yet, we are before today on appeal. However like I said. Wo did have the majority of' the Zoning Boards approval. We also have the recommendations of City Staff which is very important. They reviewed this application thoroughly. They wanted to male sure that the sale of lumber would not be harmful to this particular neighborhood. Public works also reviewed the project. They did not have any problems with it. ' The Planning department has made certain conditions in their recommendation. We accept all of those conditions. I also would like to submit for this Commission a petition that says, "the signatures listed below are all Coconut Grove residents in favor of the establishment of Dade Lumber located at 3640 South Dixie Highway." This petition has 54 names and the names of these people, and I want you to look at the addresses, because that is important and I know it's something that you all take into consideration. The addresses of the people who signed this, they live on Carver Street which is right there. `11rey live on Hibiscus. They live on Day Avenue. They live on Mundy Street. They live on Plaza. They live on Florida .Avenue and they live on New York Street. These are all streets within the area and I'll go through that. I'd like to submit it into the record and then request that it be passed around to the Commissioners. Commissioner Regalado: Can I ask you a question about the location?. Is it close to the former ice factory? leis.17,wado: It`s right across the street from the ice factory and I'll... I have a picture that I can show you. Commissioner Regalado: The reason I am saying that is because for many years I have lived in this neighborhood, for almost 39 years, and I always went by there and the trucks with the ice were corning in and out and I never saw any problem in trucks coming in and out of the ice factory. This is why I was asking? Ms. Pardo: Yes, the ice factory, actually I can show it on this particular picture, is located right here. This is 37th Avenue. 'We have South Dixie Highway here; I've highlighted Metrorail in yeilow; the subject property is outlined in green. Directly to the east of the subject property is tits Miami Subs which is located right next door. You have Mundy Street here. I mentioned Plaza Street where we have nacres of residen*s who signed that they were in favor of this. I also mentioned Day Avenue, I mentioned Mundy; I mentioned Carter; I mentioned Hibiscus, New York. Everybody who signed the petition is within this area. This is the subject property. It used to be a used car sales dealership and if you look in this picture, this is an old Herald from 1954, you can we that this area is just filled with automobiles. They also had automobiles here, and they also had some automobiles placed further down on the street. Now prier to my client coming into the subject property, it had been an abandoned building that actually was an adversed item to this particular City. We have some photographs here, which I think is very important for the Commission to see, to show you the condition that this property was in. These phWeas were taken prior to my client coning in and fixing up the subject property. You can see that the buildings are old. You can see that their grass overgrown. There is a lot of junk here. 172 September 26, 1996 There was are old, it lar a trailer located on the subject property. Also the inside of the subject building you can see all the trash. Apparend they had a lot of problem with derelicts and homeless. Needles were found in there, it was gaven for things that were not very good for this particular neighborhood or for the City. My client entered into a contract to lease the subject property. Pursuant to the City's ordinance you are permitted to have a hardware store so he started to Fix up the subject property for a hardware store. But, in order to make than hardwa: e store profitable he needs the sale of lumber. Also the community wants the sale of lumber A lot of the people within the neighborhood are construction workers doing the lawn servUx i business. A hardware, store is something that's desperately needed within this neighborhood. I would now like to show you a copy of the proposed site plan. Everything in green is the ? proposed landscaping around the subject property. Actually I am going to turn it over so that this is South (Dixie here. You have Mundy Street running along here and the back: of the i property over here would be Miami Sub. The subject property, like I said, everything in ,green is i the proposed landscaping. There are many trees as well as hedges that will run along it. i Everything in pinic, that I've outlined in pink are the existing buildings. Currently the existing store is 900 square. feet. They have a proposal for another 1,800 square feet which would make i the total building approximately 2,800 square feet. The building back here is an open building with a covered overhead where they would stare materials. The front area which is located directly off of South Dixie is where the parking is provided. The code requires that they require provide 13 parking spaces and the plans currently provide for 15. Also the code provides that they require czrtain amount of open landscape, open space for landscaping and they are providing slightly over that as well. Now, there was a question raised by Commissioner Plummer with regard to the access of the trucks along Mundy and onto U.S. 1. The current site., they .have not changed any of the ingress or egress. Currently there are three ingresses and egresses off of Mundy Street. You have two in the back here. These are the two northern ingresses and egress which we have agreed to put up no left turn signs. Then you've got an entrap ce into the parking lot area and you also have an entrance and exit off of the parking lot area onto U.S. 1. Now, the reason we were saying that we don't need to make this wider for the trucks is because no delivery trucks will be coming into this front area This is only for the parking of Cite customers and with the new building that"s going to be built there would be no wn.y that any truck would be able to get from the front pArtion of the property to the back portion. Therefore any of the delivery trucks will have to enter into the two entrances that are on the northern part of the property. Now we had a traffic study done. At the Zeroing Board there was an individual, actually a business owner or somebody who has a business in the heart of the Grove, who raised a concern about the truck making a left turn onto Mundy and going down the neighborhood. So, we had a traffic study done and we will have representatives from Bermejo and Ajamil to discuss that with you. But what they found is number one, for the size of the.,,e true they are not going to go down these: small streets. It's not feasible for them nor do they like to drive down small streets in order to go down Mundy. ,Also, what they did is, they studied U,S. 1 and they studied the lighting system. And in fact the tights, the traffic light system on 37th which is located right here and Bird Road which is located, it is just a little out of this aerial photograph, those two traffic lights are timed together. And if you are there there is sufficient time to either make a right turn or a left tam. I as well, I went there in the middle of the day. I went there at certain time% and i stood at the, actually I had my car on Mundy Street and I waik&A several times to see whether or not it was easy enough to make a left onto U.S. 1 and a right ass well. I'll have the traffic experts go into that a little more. I'd like to show you a little of what Mundy Street looks like. If you were standing on U.S. 1 looking down Mundy Street, this is a view of Mundy Street. To the right here, this green fence is a high-rise building for senior residents. Also just so you know, issues have been raised ,as far as the concern, to the residents that live there. That particular building was built approximately 250 feet back from U.S. 1. There are actual residential buildings from U.S, 1, as well as there are many berms that were placed into the: huge open, green landscaped area that has many beans as well as well as landscaping within them. This is also a photograph of Mundy Street. This wall here, my client bas built an eight foot CBS wall around the perimeter of the property. He did that, actually it's a 173 September 26, 1996 requirement of the City's zoning ordinance so it was also... so it would be better for the neighbors. So this is the end of the property. Next to that property you have a vacant lot, then next to that lot there is a ?rouse, next to that lot to the wall moving further down the road south. `ire is a vacant lot and then there is another lot that's vacant and it hn some large trucks in it, i don't know if they are operable or not. Arid there is also a gate in front of that property. This is another photograph, this shows you the subject property. This is on the corner of V.S. 1 and Mundy. Isere you can see the senior res2ence home. that I was telling you about with the landscaping in front. This is U.S. 1 and .actually the entrance from Mundy Street onto U.S. 1 you can see that there are no barriers in the road for approximately, it's a good 50 feet there. Also. this is smother picture of the subject property. You can see how it's, been improved. This is a proposed parking lot. This is the entrance to the existing building that's there for the hardware store. U.S. 1 is over to the left here and you have the Miami :cub's building that is right next door and the majority of the Miami. Sub's parking lot runs along the eastern side of the subject property. I would l,Ike to go through some of the uses that are permitted within this zoning district. As I had stated earlier it's the C-2 district which is considered liberal/commercial within the City of Miami. This particular district, without requiring any public hearings or any approvals just as long as you meet the requirements of the City Zoning Ordinance, use this one? 0& thank you. This particular district would permit without any approvals pawn shops; new and used vehicle sales; wholesaling and warehousing; massage parlors and dance studios; repair establishments including repair garages; repair of heavy equipment and ,machinery; an ambulance service; animal kennels; banks, medical clinics; restaurants; drive-in school .agencies; funeral homes... Commissioner Plummer: Go. Ms. Pardo: ... theatres; Nightclubs. Many of these uses such as new and used vehicle sales. A. new and used vehicle sale in order to get those automobiles to this particular site would requi: that those automobiles be placed on a large truck and brought to the site. Also, wholesaling ati `.- warehousing would do the same. Also, with regard to repair garages, repair of heavy equipment and machinery. At this time I'd like to call reverend Leonard to speak 'before you. Reverend Leonard is with the Ministers Alliance within Coconut Grove.. He .ha-s a church which is right around the corner. He is strongly in favor of this particular project. And I forgot to mention, but we believe that this particular project would be wonderful for the City of Miami. It will bring economic growth to the City. Currently you had a vacant uninhabited building which was a derelict building. Mr. Lamadrid has also spoken with James Johnson who is the jobs counselor for your Grove West Net office and he has agreed to work with Mr. Johnson as far as Hiring his employees from within the neighborhood. He wants to be a good neighbor, he wants to hire people from within the community. People f om within this neighborhood in order to offer them jobs. At this time, I... Commissioner Dunn: Before he conies, I want to ask you a question. Ms. Pardo: Sure. Commissioner Bunn: What is the anticipated number of employment, employees dhat would be possibly hired? Ives. Pardo: Initially there'll be a total of eight employees and then once the new, yeah. Let me let Mr. L,aniadrid answer. Mr. Pedro I.,amadrid: I have another store in North Miami. Vice Mayer Gort: State your name, and address for the reccord. 174- September 26, 1996 V Mr. Lamadrid: My name is Pete Lamadrid. 1 am the owner of bade Lumber, 3640 South Dixie Highway. I have another store in North Miami between our, let's say the total company accounting as well as drivers, clerical, everything, we employ approximately 30 employees. The traffic as well as the area where that store is situated is no where near, the traffic isn't as heavy ` as this area. So, I would asscame that in the long run it will be greater than. 30. At the beginning we're planning conservative and we are going to go witheight a.� a conservative figure. Commissioner Dunn: What do you believe, and i am not trying to lox you in, but what do you believe the potential is once... Mr. Lamadrid: Well, I've... Commissioner Burnt:... if, if all things work out. OK, OIC Mr. Lamadrid: ... Let's put it this way. I've never been. That's fine, that's a good question. I've been opened in North Miami for nine years and in nine years we've developed 30 employees. At peak sometimes it gets a little bit over, a little bit under but that's basic. In North Miami m well 'o+e've employed from the community. Vine Mayor Gort: Mr. L'.arnadrid to follow the procedure what I'll do is, all the people who are going to speak in favor to go and speak now, then we'll hear from the oppoJition and then you'll have a few minutes for rebuttal, OIL. Ms. Pardo: OK, I'd appreciate that. Vice Mayor Gort: T'nank you. Commissioner Plummer: Excuse me, Mr. Vice Mayor, Vice Mayor Gory: Yes. Commissioner Plummer: I want to hear from the traffic experts. Vice Mayor Dort: Yes. Ms. Pardo: OK, would you litre to heat from the traffic experts avow? Vice Mayor GorE: Yeah, we are going to hear from all these people... Commissioner Plummer: Anytime before it's over I want to hear from the traffic experts. Ms. Pardo: OK, absolutely we will let you hear from the traffic experts. At this time I'll like to call Reverend Leonard. Mr. Willy Leonard: Good evening. My name is Willie Leonard, Pastor of St. Matthew .Baptist Church, President of Ministerial Alliance of Coconut Grove, Mr. Mayor, Commissioners, we the ministerial alliance support this hardware store to be on Mundy Street and U.S. 1. The reason is we believe it is economically feasible for the community since this is a single, basically a single family community and there are so many single family homes being proposed to be. built there. We think that a hardware store would be goad at this point. We also believe that jobs for that area that is so depressed will be goad fer that area. Will be good morally to give people jobs so they won't be standing round on the corner. There are so many people that call me everyday asking me for jobs, if I know some place that needs someone to work.. I see this as an opportunity, also, to hire people fram this area to help the economic base in this community. I 175 faepternt er 26, 1'996 LM do not see a whole lot of problems with trucks corning in and smug and suicke: I do see e problem with 1m)ple laving ornploym�.ent in that Area, As e matter o: fact i am personally glad thaat someone wants to put something on there, on that lot to take care of that deplorable condition that is on that lot. Once again, I would like to say I thank you for your consideration, top put this hardware store on this particular lot to help this community. Thank you very much. Vice Mayor Gort: Thank you sir. Mr. Will Johnsen: My name is Will Johnson. I live at 3342 Thomas, I'm the first Vice Presideot of the Coconut Grove Homeowners and Tenants Association and also a member of the LCD (Coconut Grove Local Development Corporation) and a member of the American Legion. I left the. community quite a while back in 1975 and went off to the military to pursue a career. When I left the community there were striving mom and pop stores. Them was fish markets, there was a movie theater, there was a flavor in the Grove, we look care of our own. There was business striving. I came back some years later after having retired and found are area that's almost blighted. But, I'd like say that I love the Grove, that's why I'm here tonight and that I'm proud of the Grove because the seniors hung on in the Crone, they inept things going. But we still have a problem, we need jobs as Ii.eimrend Leonard said. We need opportunity to pull ourselves up. We don't want to always be. conning in front, of the Commission. You've talked about your budget deficits already, we don't want to be coming in front of the Commission always saying we need a grant for this or that. What we need is a rope to pull ourselves up wit;►. Amd a business opportunity is light in the Cirrove. When somebody makes a proposal to came in the Grove to bring ,a business, you get some opposition from here and there but sometimes you got to bite the bullet and say what is actually good for the community. And I think this business is good for the community, with the guarantees in place that Mr. Lamadrid has given us for yob opportunities and also to help revitali7e our community. So, I'm for this thing and I think a lot of people are in our community, We need the opportunity, we don't need a hand out, what we need is a hand. We need the opportunity. We need to do for ourselves and that's what we want to do. So give us this opportunity. ,And I would like to say if anybody on the Commission is leaning toward the end of tl' a evening, leaning toward voting against, I'll like to ask you to do something courageous and different. Come down and look at the area yourselves. We invite the Commission to come down. She'll sponsor you, we'll take you around. Coyne and look for yourselves, then make your decision.. And right here is our, I'll Pike to put that in the record, that is our rooster for our homeowners committee. Vice Mayor God: Thank you. Mr. Danny Crouch: Mr. Mayor. Mayor C arollo: Go ahead. Mr. Couch: Good evening gentlemen, Commissioners, Mayor. My name is Danny Couch, I reside at 3180 Urn Court and I don't come before often. This is an opportunity, I've served on the Coconut Grove Local Development Corporation and I heard about the situation~ and my wife and p?.sscd down U.S. I and we said, "Oh, a hardware store or a home center." The last times since Zayres was open was the last time I could go get a can of paint without going clear across country. It's right accessible, the neighborhood, ply -wood for threat of a hurricane. Screws, bolts whatever is needed, they don't have to go all over the world to find it. I think it's an opportunity. At first I actually did ask, you know. Was it an African American opening a business?. I was hoping for that, it wasn't. But, the fact remains that we need the :service in the area, And this gentleman has come in. He's not necessarily doing us a favor, he's providing us a service and opportunity to shop within our community and build an economic base. There is no need to prolong me, you know, pontificating here about why you shocald do it. You make your decision based. on the evidence and the facts here presented. 'Thank you, and have a good evening. 176 September 26, 1996 9— Pi i Mayor Carollo: Thank you. Ms. Pardo: I'll like to call our traffic expert at this time. Mayor Carollo: Go ahead. Mr. 'Vish. Chowdhary: Good evening Mr. Mayor and C".ommissiocers and the Board. My ratty a is `dish Chowdhary, I'm with and Partner, on 2601 South 13ayshore Drive. 1 W#., a little cold„ so 1've difficulty talking to y3u today, so pardon my language. Let me explain some of tho, concerns and issues that Commissioner Plummer has raised. First I'd like to talk to you about our methodology that we've used in addressing the traffic issues and also in conforming our repoau to the City's requirements, What we did, we took a look at the size of this project and then identified what category this project fits in under the national guidelines of differrmt types of land users. There's a book, it's called "1TIE", gook that we use. It's a national standard, it's effective by City and by the County and local governments. When we applied that to the squaze footage we get, in the worst peak which happened to be at this location between four and :six p.m., we estimate about 33 trips in the hour, somewhere between four to six p.m. Also taping to the owner we estimate up to a maximum of ten deliveries per week for the site to service the lumber yard and the storage area. As Adrienne explained to you, currently along U.S.1 there is a median opening to accommodate left turn, southbound left tarn onto Fundy and southbound left turn out off of Mundy. There is enough radii and also the gap, approximately it's 60 feet, tit& median opening. And when we applied that to the trucks criteria in this case, we are assuming that trailers with 16 wheels or even 18 wheels will need approximately wt� a minimum, 45 feet of radius according to ASTO guidelines which is again the national guideline's. And we have approximately 77.5 feet. S}o it very easily tweets the turning radius both for inbound as well as outbound traffic, Nome, about the general traffic that will be coming to c3i.; site for business purposes, we estimate three percent to be coming north along U.S. 1. Assuming I.I.S. I running north/south. And then 40 percent along U.S.1 fYom the south area. And then 20 percent would be from Coconut Grove and your local communities doing shopping there. That translates into a very nominal amount of traffic. We, axe talking on Mundy Street approximately six vehicles, in the worst peak that we are talking. You can see there the traffic... pattern of 13 vehicles we estimate along X.T.S. 1 on the north side of the project and 13 vehicles along U.S. I on the south side. Again this is the worst peak. For the rest of the duration it's going to be less than. that Now there was a question. Commissioner Plummer: Wait, waif, wait. What do you mean 13 vehicles? Mr. Chowdhary: OK, like I said to you before. Commissioner Plummer: Thirteen vehicles on Dixie Highway? Mr. Chowdhary: No. This is the.., Commissioner Plummer: Because 1 was going to spay you've never been there. Mr. Cliowdharcy: No, I have been here. 01C, excuse me. 1 said 13 vehicles for the project. Dixie Highway carries somewhere around 80,000 to 90,000 vehicles a day between this section. Which is approximately 9,000 to 10,000 in the peak hour which is four to six p.m. Commissioner Plummer: What about seven to nine in the morning? Ms. Chowdhary: We aneJy a the worst peak in this case, it is in the evening. 177 September 26, 1996 LA Commissioner Plummer: Seven to nine in the morning, I go there every morning. You can't cross. And when you talk about an opening, let me say to you that at Douglas Road, which is almost a full block hack that traffic you have to wheel in and out to get around to go North on 37th Avenue. So to me, more damaging is the fact that the morning traffic where you, it's immediate to you, you're right up to Mundy Street. And I am at a lost to understand, you know I could say from teat in the morning till zb9 ut three in the afternoon, you know, I think you can make a right turn. I question the left but a right turn for sure. Mr. Chowdhary: OK. Commissioner Plummer: But those other two times, peak tithes you can't move. Mr. Chowdhary: So, again the morning peak you are talking is commuter peak which is betweea., which is heaviest between seven to eight a.m., and it can elongate up to nine a.m. sometimes. Commissioner Plummer: Ok yeah. Mr. Chowdhaary: however we do not anticipate our store operations between seven and eight a.m. for customers. Deliveries we anticipate to be starting somewhere around b a.m_, i believe unless it... OK, they have total of deliveries but we anticipate that to be taking place between eight aam. and live p.m. So, we are trying to avoid any traffic related to this site whether it's customers or deliveries taking place between seven to eight a.m. in the moaning and five to six p.m. in the evening. Because that's when the U.S. Dixie highway is the worst. Commissioner Plummer: Yeah. Mr. Chowdhary: Now, we also looked at the gaps, I know that you raised *.at question. And we looked at the signal timing for Douglas Road, we obtained from made County Traffic Control ::enter. And also we got the signal timing for Bird Road. They are operating at a, cycle of 140 seconds today. Which means signals for U.S.1 bound traffic and the crossing street, total time is 1.10 seconds. Now, they ah;o coordinated both of these signals because I.I.S. 1 is preferred for progression because it carries a lot of commuter traffic. Now, what happens is, after certain time on Douglas Road there is a cutoff. That's when the side street which is Douglas starts to move and then from that time there is certain time at Red Road there is a cutoff too. Which we call in our terms as offset. When we applied that offset we get a window of about 20 seconds per every 140 seconds which is more than enough to accommodate our ten deliveries ,which we expect during tie whole week so probably two or three deliveries on a peak day. And also we are talking about only 13 vehicles. We believe it's a very nominal amount of traffic we're talking here that can be easily accommodated. And again I would mention to you along U.S. 1 there is storage arm as well. So the traffic which is attempting to turn in or out has a stoppage in the mc.aL of U.S. 1. Sot therefore, it would not be conflicting with any traffic or creating any safety hazard. We met on this project with Clark Turner with the City of Wwni and we presented out report and discussed and they are in concurrence with our findings on this project. As far as noise issues are concerned, like I said to you before. We anticipate roost of our deliveries to be taking place between eight and five p.m. And at ftt time there is only ambient noise on U.S. 1. So, therefore, delivery trucks would not be creating any additional noise on top of that, in fact it'll be lost in the ambient noise. So we don't believe there is any traffic hazard or safety issue or opemdon issue and like Adrienne mentioned to you, we are not going to permit any Deft turn on the 1Muady Street. So all. the trucks they have to go onto U.S. 1. Mayor Carollo: Let me interrupt you for a minute. For the sake of trying to trove ahead with time, we've got a long agcaxdla still ahead of us. If we could stop your presentation here. If we nvA any additional iatortaation, tlren, we'll call you back and let's hear from some. of the other people, 178 September 26,1996 Mr. Chowdhary: Sure. Mayor Carollo: I hope I'm not, — Mr. Chowdhary: No, you're not. In fact I'm just concluding my presentation. Mayor Carollo: I didn't think you were here by the hour. I figure that. OK. Mr. Clhowdhary: I apologize, I just wanted to explain but I'll tie here in case you have further more questions. Thank you for your time. Mayor Carollo: 1 appreciate it, thank you. Ms. Pardo: I'll like to call Officer Leonard who is a Coconut Crove resident. Mr. Leon Leonard: Good evening Mayor, Vice Mayor., Commissioners. Mayor Carollo: Good evening sir. Mr. Leonard: My name is Leon Leonard, I'm a resident of Coconut Grove. I'm really not Here to speak on the differences that have developed since I've became aware of the situation with the lumber company. I've been in. Miami, Coconut Grove all my life, 42 years. And, I've watched the changes, the positive and the negative changes. For the West Grove more or less, negative changes. Here's an opportunity for us to have a lumber yard. I've been a carpenter for most of my adult life. I'm proud to become a polio✓ officer and I'm still a carpenter. And you know, for me to have to go to the Home Depots and all of the other lumber companies throughout the City of Miami to get material, you know it's been ludicrous. And now, here we have an opportunity now to have something within walking distance in out neighborhood to bring about not just the jobs, just the mere fact that it's a hardware store that we can go to for the locks, for the paint or whatever. You know, this is an opportunity that I don't want to pass us by. I don't have a lot to say, you know I'm just hoping that this is just the beginning of economic, feasible economic development for that part of the trove and it's just beginning. And I've met with Pete about a month ago because I didn't get the information about the lumber yard until. about a month ago. I wasn't aware. Once we found out about it, I got everybody that I knew that was involved in any type of building, any type of constmetion to come aboard and say look let's just get this thing here and let's just be done with it. So, Hopefully you lmow, after tonight you know, you won't have to see the at least in this regard. Thank you. Mayor Carollo: Thank you for your input. Whose next in line? Are you done with your people. Ms. Pardo: Yes, we are. I'd ,just also would like to put into the record. It had come to my attention this morning that the Cmonu► Grove Village Council had... somebody had appeared before the council and they heard one side of the issue and the council at that time had voted against this particular project. Iliad spoken with Tucker Gibbs today and I told him that we, weren't aware of that meeting. Had we been aware of it we would have been at that meeting so that we could explain the proposed project to the council. Tucker on his own initiative he had prepared a letter to the Mayors which I believe he gave to the Mayor. I'd like to react it into the retard where it says... "To Mayor Carollo, this is to inform you that the Coconut Grove Village Council at its September 10th meeting voted to oppose the referenced item.. Please note however, that this vote was taken only after opponents were heard. The applicant and proponents of the project were not in attendance and therefore the council made its decision based only upon the information presented at that meeting". Tucker did mention to me earlier that if this matter land been deferred he welcomed us to take this matter back to the board so that 179 September 26,1996 r they could hear both Bides. But we needed to get this matter heard tonight so we won't able to do that. However, I'd like to put this letter into the record. Mayor Carollo: Fine, thank you very much. I did read that before when you sent it. Ms. Pardo- And I would just like to reserve rebuttal time after the opponents steak. Mayor Carollo: That'll be fine. If the opponents to this issue, if they could cone up please .and anyone that would like to speak can to. And if you are representing anyone if you could state it for the r-ord. Mr. Chad Williard: All right. I'm Chad Williard, 999 Ponce de Leon Boulevard, and I'm here or. behalf of Jihad Rashid as well as a number of other residents who also will be speaking tonight. OK, to start off I would also like to introduce into the record 27 names that we have in opposition of this project from residents of the Grove: area. Mayor Carollo: Mr. Rashid are you a neighbor of the project or? Mr. Williard: Mr. Rashid is an elected representative. He's Vice Chair of the Coconut Grove... Mayor Carollo: Right, I understand. Mr. Williard.:... Village Council which... and he will address the issue that Ms. Pardo... Mayor Carollo: OK. Mr. Williard:... just brought up. Also with me this evening is Mark Alvarez who is a planner and traffic consultant with Carr Smith and Associates. In just a few minutes he will come up and discum the many negative impair that this project will have on the area. Also speaking tonight will be Yvonne McDonald of the Coconut Grove Homeowners and Tenants Association, Albert Johnson and Ozie Williams. As the attorney for the applicant just described this request before you tonight is for a special exception to permit the sale and storage of building materials in the C-2 zone. This item is on appeal from the Zoning Board which on July 8th denied this application, despite what's happened since then they denied it and that is competent substantial evidence that's on the record right now. We. are not here tonight to request that you deny the entire application. We have no problem with the hardware. We agree that that could be a benefit to the surrounding area. That is a commercial use and it's compatible with the surrounding area. However the request to allow a lumber yard, and that's what this is, it is a lumber yard. Make no mistake about it. Mr. Lamadrid himself stated that he's of Dade Lumber not bade Hardware. The lumber yard would open a Pandora's box of problems that these residents should not have to deal with. Special exception to application, this exception to application epitomizes why the City of Miami requires a public hearing before conditional principal uses such as this are approved in the C-2 zone. I'll explain what I mean by that. 71e City of Miami Zoning ,Code section 1301.3.1 states that the intent behind the special exception requirement is that certain uses of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations in order to protect adjoining properties in the neighborhood from avoidable potentially adverse effects. This intent statement acknowledges that not all activities are compatible with the surrounding area simply because tfty are listed as uses allowed in that zoning district. Certain uses such as the ones requested here are deemed as possessing such a potential for adverse impacis on an area as to warrant a case by case evaluation at public hearing to determine whether or not they should be allowed. Given the standard, despite everything the applicant has said before you tonight it cannot meet the burden of demonstrating that thisproject will not adversely affect the neighborhoods. As the following testimony by Mr. Alvarez and other conmrned members of the community will 180 Septentbr.r 26, 1D6 demonstrate contrary to the applicant's opinion, this project will result in substantial noise and dust and increase safety standards, I'm sorry safety hazards, from the additional traffic generated by customers and vehicles delivering lumber and other building materials to the site and it will result in decreased property values. As a result of all this the Commission should upheld the Zoning Board's decision and deny this application. eery briefly before Mr. Alvarez comes up, I would like to address the findings made by the Department of the Community Planning and Revitalizo;,tion. In it's recommendation the department sited in its findings that the Dade Lumber site would create new employment opportunities. Obviously a few jobs need to be generated.. I think Mr. Lamadrid cited eight jobs. However, it's important to realize a substantial nurtah.er of I those eight jobs could be generated by just the hardware stare, and we have no problem with the hardwxare store. That is a way to put this property to its best and highest use and it would not subject the neighborhood to all the additional hazards that are associated with the lumber yard. j Moreover, the department's finding that this project would not have an adverse impact on the community is inaccurate. Despite the applicant's best efforts to convince you otherwise, the fact of the matter is that this use would introduce large tracks meandering down the residential streets like Shipping, New York, and Mundy to deliver lumber to supply to the site. The department fails to acknowledge that this would greatly jeopardize the residents of the senior citizens home adjacent to the site and well as the numerous people who live in the residential area and use Vbrrick Park which is also in close proximity to this site. With that I'll now introduce Mark Alvarez to explain in more detail the traffic and those impacts which will be experienced by the community should this site be approved. I proffer that ?Mark Alvarez is an expert on traffic and planning issues. Mr. Alvarez whose resume I'll disseminate. or give to the Clerk, holds degrees in Transportation Engineering and City and Regional Planning from Ohio State University, Moreover,, having recently completed the Coconut Grove Planning Study for Coconut Grove, Mr. Alvarez is acutely aware of the difficult planning challenges currently facing the Grove. Also, I would litre to reserve a few minutes at the end of the presentation to sum up our politic:; Mr. Mark Alvarez: Thank you, I'm with Carr Smith Associates. We're at 4055 Northwest 9" th Avenue, Miami. I want to go over, really the .issues are a little bit simpler. We went through some of the same analysis,. And I want to point to first, is our first point about the West Grove residential neighborhood to the. south. And we tried to point this point in the aerial, we're tallying about Day Street, Plaza Street these are all single family residential. There are some townhouses there. If you go down these streets at any time, you will fund a very, very high degree of pedestrian activity in the street. There are commuters who take Douglas rail station and walk down Douglas Road and down ray Street. We see at peak hours, actually from five to five thirty any of these streets, Day Plaza, Mundy you'll see children in the streets. You'll see children riding bicycles in the streets. I happened to see just anecdotally Jolly Joe's Ice Cream route goes through these streets and children come to that truck in the middle of the street. I want to point that out because the real issue: here is going to be about. It's not so much Dixie Highway and there are some things I want to talk about there. But it's really about the traffic inuvsiklon in the neighborhood and this is why the 0,4conut Grove Planning study is very pertinent. The traffic intrusion that we are going to talk about. Well, first of all, we use ITE (Internation Transporation Engineering) manual and we go 198 trips average per day. Using the same manual it says 9.29o' of that is truck trips for this particular land use code. Ties land use code in 17E is called, to read it accurately "building materials and lumber store". It's a perfect code, Dine point two percent of those trips are truck trips. Which you heard before, if you noticed he said, the owqier said that there were about ten deliveries per week. Truck trips includes all the cclntractors who drive their trucks to the site to pick up building materials. So really what we are talking abort is approximately 18 truck trips per clay. The concern I have with this has a great deal to do with... bK Has a great deal to do with actually the front of the project site. You heard a great deal about the gap acceptance, the timing of the lights. The timing of the light, well first of all we have no trucks corning in here and that we agree with. The building blocks this, clearly the front area is for customer use. We've two entranceson Mundy Street for deliveries. The first thing about these entraams is that although there is room 181. September 26, 1996 to pull either a semi or a straight truck into those entrances, it's tight. A strait truck, a straight 30 foot truck needs about 28 feet inside radius. It's there, you've got to pull all the way to the end of the curb to get into these entrances. A semi could get in there actually more easily according to the books but there is a great deal of maneuvering necessary. What you can't do is, you can't pull a truck into here and turn it around inside the site to come back out. The mrana the truck has to back out, issue one. The other issue is that truck drivers, what they do is easy for them. And right here we have SO Feet of paved parking onthe street between those two driveways. We think that probably a lot of truck drivers are going to pull into this paved area and whatever forklifts and so forth are going to take deliveries on the street. The serrind, the third thing is over here. We have the right turn at. Dixie Highway. We talked a great deal about that right turn and the radius is fine. One problem though is if you have a truck Irene at that Stop sign, that Stop sign is about three feet from the curb cut. There is no storage without bluckicig the driveway to the store. A lot of business owners don't like their driveways blacked. We don't think trucks will be using that entrance. The 22nd gap we talked about, you heard about on U.S. 1, is based on a light sequence. The light phase on McDonald and the light phase on Douglas, one Douglas and McDonald, that dos allow you a. 20 second gap. But it allows you a 20 second gap northbound on Dixie Highway. It does not account for right hand turns and there was right hand turns made on reds. Anyone who goes there you don't very often find a gap especially on the a.m. and p.m. peaks. A, truck does not have storage, sufficient storage over here by the center line pass the median to go three lanes at a time. Mayor Carollo: But can I ask you a favor?. Mr. Alvarez: I'm going to the point. now.. Mayor Carollo: ... right now? I don't mean to cut you off but I know you're not being paid by the hour either. Mr. Alvarez: I'm going... Mayor Carollo: We've been here for almost 12 hours today, so we need for you to go right to the point so that we could hear frown some of the other people and take a vote on this. Mr. Alvarez: The point is, with all those constraints, we expect a substantial amount of this truck traffic to go through Mundy Street onto Day onto Douglas. We drew these in the blue arrows here so that you could see theta very clearly. Based on the splits, the orange and destination splits we estimated about 13 of those trucks will he going throug1h there. This is a significant conflict with the use of those streets. Those are mixed used streets where childnc;n are in the street, where bicycles are in the street, pedestrians are on the street. Basically it comes down to the traffic intrusion of trucks, traffic intrusion of cars which I didn't really cover. The loading and unloading on Mundy Street will significantly impact the residential nature. of the neighborhoW. Going to the Coconut grove planning study wMch is the bottom bullet heir, which has not completed its, has not been adopted by the Village Council yet, but in draft form. There are four points, there are four major tenants of that study that we feel applies to us tremendously. The first is that in the West Grove the real emphasis was to stabilize it as a residential area. There was a drop in homeownership we're trying to get people to buy homes in The area. Trucks going by your home isn't something that encourages people to buy. The study covers a great deal of pedestrian activity and enhancing safety for pedestrians. If you'll eventually get to see the study, I guess there are about 30 cases of traffic intrusion in that study where residents of Cucvnut Grove are saying we don't want can and trucks corning through our residential stin ts. And finally there was actually also an issue, we have to kind of Coin a new phrase for parking intr wion, which relates to the loading and unloading on Mundy Street. Zpeople in;, [it the center Grove to some extent in the Nest Grove there are significant issues dealing, feel their properties are degraded by commercial uses, having parking on the street in front of their homes. I'll turn it over to the next person. 182 September 26,1996 Ak Mlaycir Larollo: OK. Mr. Rashid before you do. You're with his same law firm or you're the traffic study? Mt, Alvarez: I'm with Carr Smith Associates for Planners Architects Engineers. Mayor Qwllo: 0& and this gentleman is with whom? Mr. Alvarez: Am, the law firm. Mayor Carollo: And what law firm is that? Mr. Alvarez: 'Thornas P. Carlos, P.A. Mayor Carollo: 0& 'porn Carlos' firm. Mir. Alvarez: Yes, Tom Carr. I Mayor Carollo: I've got a Question for you guys. I know that neighborhood groups usually do not have the monies to pay for attorneys or people to make such fins presentations as these. Who's paying your bill, if I may ask? Mr. Rashid: I'm paying it sir. Mayor Carollo: Excuse me. Mir. Rashid: I'm paying the attorney fees. Mayor Carollo: OK, you are. Do you live in the area Mr. Rashid? Mr. Rashid.- I live at 3127 New York Street. My name is Jihad Rashid. Mayor Carollo: Jihad. Mr. Rashid: I'm paying, retaining the firm of... Mayor Carollo: But my question is do you live right by there? Mr. Rashid: `a'es, I am in the area that's being impacted, yes. Mayor Curallo: flow far do you live froth there, from the company itself? Mr. • chid: OK, PIaza Street, Muudy, Gibson... Ms. Pardo: New York is all the way over here. Mir. Rashid:. I live in New York Street. Mayor Carollo: In New York Street. Mr. Rashid: Right. Mayor Qrolio: How marry blocks away from ah? 183 September 26, 1996 k Mr,, Rashid: No, but the point I'll make: clear in my presentations your honor. Mayor Carollo: Well, I'm just wondering... Mr. Rashid: OK. Mayor Carollo:... why if you live quite a few blocks away you're taking such an interest... Mr. Rashid: Number one, my name is. I'm. Mayor Caroollo:... you're paying for attorneys, you're paying for, who's paying your salary sir? Mr. Rashid: Tomas Carlos. Mayor Carollo: 'Who's paying your salary? Mr. Rashid: Tomas Carlos attorneys are paying. Mayor Carollo: OK. They're paying that, so he's paying them. They are paying you. Mr. Rashid: Right. Mayor Carollo: I just want to get in the record you know... Mr. Rashid: Yes. Mayor Carollo:... what the shows game is. Mr. IL&shid: No, it's allabove board. But allow me to continue. Mayor Carollo: Go ahead. Mr. Rashid: Thank you. My :names is Jihad Rashid. I'm a resident at 3127 New York Street. I am a business owner at 3692 Grand Avenue. I'm the Vice Chairman of the Coconut Grove Village Council, a board member of the Coconut Grove l:.oc,al Development Corporation, a member of the Coconut Grove Chamber of Commerce and a member of the Coconut Grove; Homeowners and Tenants Association and imminently interested in anything that goes on in Coconut Grove. I've lived at that address for 12 years. I've experienced the industrial use of the colie4ation and its traffic and how it impacted on my neighborhood. And I've stood out in my neighborhood to keep it clean and sweep the streets. I'm also concerned about the overflow. I am concerned that this lumber yard's traffic will take the path of least resisstance. We've heard the testimony of both sides talking about negotiating the traffic with heavy duty rigs and I'm sure the ones that exactly know where they're going and experienced and familiarized with where thtry're going probably can get there with some effort with their wide trucl-,. But I'm concerned about the trucks that will make a left hand turn when they're going southbound on Dixie Highway, left on McDonald Street either to Shipping, which some of the residents that I went to door to door to each resident in the impacted area. I went from door to door from Dixie Hi , ltway to Day, from Douglas to McDonald Street and I've talked to my constituents. I've talked to the people that we represent. Unannounced to me at the previous 70n►ng board member, one resident had already hired an attorney that made a presentation that was concerned about this. We are also concerned that the community was not properly noticed, Ms. Lotis Larak (phonetic) and some other members of the planning and .coning said if you're are so concerned about this why didn't the people come out. And they don't know the sociality of our community. And here's why we have a thing called the Village Council. And everybody is :so 184 September 26, 1996 -a_ concerned that we're kept down that we don't supposed to have the sophistication to work with the system to get experts come in and pay ten dollars ($10) to get somebody commissioned to cane and speak for us. And otherwise, in other words, if we didn't have the money then we would be out of luck. The thing is, that I'm concerned is that these trucks. There's a school, an HRS (Heath and Rehabilitative Services) building„ there's a. health clinic. And I spoke with Mr. Caleb Davis, the director of that clinic and he"s on, record as being opposed to that, He could not be. here tonight but he will confirms me that he is emrninently concerned about the patients that go there. Day Avenue is a promenade for women with babies. From eight o'clock, seven o'clock in the morning women are walking from McDonald Street with strollers. Early in the morning right where these trucks will be, turning are school kids waiting for the school bus. When I leave from work at six thirty in the morning, there's a school bus. I often have to stop because the: school bus has its signs out. I'm concerned about the impact. I'm concerned about the Curry'. My. and Mrs. Curry who has a home in the community, who voted with the Homeowners and 'Tenants Association to oppose this. That they work hard. A teacher and a postal worker who has invested their life's earnings in their homes and the trade off for eight, 35 jobs the impact will be greatly felt with the reduction of their property values, their difficulty in getting second mortgages, refinancing or ►Maybe selling their homes because of this industrial. use. I'm concerned also about their wealth, and their money. The impact of eight Toby, if we du our mathematics, what benefit are we going to get in the next month the next y4mr, the next t.:e years? Will that outweigh the danger and the ambience of our community? Ile Coconut Grove Village Council has a charge. 'We're not a sophisticated body, and I'm not sophistica"A politician and maybe the other side didn't get official notice but let me. Here me out and I'll be through. Mayor Carollo: .Excuse me, Mr. Rashid. Excuse me for a second. The one thing that I had to disagree with you. You are a very sophisticated politician. I'm sorry I had to interrupt and say that. Mr. Rashid: Oh, OIL. Alt right, thank you. I'll take that as a compliment. But what I want to say further is that the other party knew that I w-ab a Village Council representative. We properly posted, we properly posted the notice. It was properly put on the agenda, it was not a pocket item and if they countenance, they should have made it their business. But my first charge is to represent my constituents in Precinct 584, And we don't want industrial loose. We don't want' the noise, we don't want the pollution, we don't the damage, danger and we don't want the hazards and I respectfully pray that this council see fit to deny the use. We welcome ti-re hardware store but we don't want the lumber yard. Thank you. Mayor CArollo: Thank you Mr. Rashid. (APPLAUSE) Mayor Carollo: Commissioner Dunn. Commissioner Dunn: I have a question for Mr. Rashid. One of the things that I consider when trying to make a decision like this, which is not always very easy to come to terms is. I believe there was a statement from one of your representatives that you had somewhere in the neighborhood of 27 people to be opposed to this project, at least the lumber yard. 'There was a petition circulated that those who are in favor numbered over 50 and I also noticed that these were, there was a greater cross section of community representation from the group in favor. I don't know, I'm not totally privy to the make up of the Village Council of Coconut Grove but my main concern now is those persons directly in the Vilest Grove who will be directly, impacted by this, no disregard or disrespect to the Village Council. But I see a great deal of representation here of those who are directly involved, directly impactead in this community and I have to be, quite frank and honest with you, that will weigh Heavily ore my decision t<a vote for this project. 185 September 26,1996 U Mr. Rashid: I appreciate it. I'm happy to be a candidate for, representatives Neil Schiver, Robert Young, myself, elected to the Coconut Village Council. Historic9lly and in- its inception he has endeavored to make sure there was representation. If fact, based on our numbers and percentage wise, the West Grove is over represented in terms of the percentage of the total population that we have, two from each district. And they are here. These ladies are sponsored by the bus, they have: the senior citizens counsel, the bus that I arranged for them to come hem sponsored by me. So the area is totally, primarily and predominantly West Grove. As predominantly, and in using other words, it's a high coalition between West Grove and African American residents. Commissioner Dunn: OK. One other point, if 1. You have the Ministerial Alliance of Coconut Grove represented, the Homeowners Association. Mr. Rashid: Right. And we have we have Yvonne McDonald who is Homeowner Association, who by the way put. a resolution for wanting to go against this. The resolution they voted is to oppose it. The Coconut Grove Homeowners and Tenants Association for the: record is opposing this lumber yard and their primary charge is the quality of life for the tenants. And they voted to oppose it and that's... Yvonne McDonald could take that up and she's a resident and I'll let her speak. Ms. Yvonne McDonald: GmA evening, First of all let me just clarify something about which Jahid said.. The Coconut Grove Homeowners and Tenants Association. Vice Mayor Gort: Name and address please. Ms. McDonald: Yvonne McDonald, I live at 3631 Franklin Avenue. We are a Homeowners a..a Tenants Association at our last meeting which was Monday evening. We had a large meeting, there were over 60 people there. And when the vote was takers as to who was in opposition and in favor of this lumber yard, the majority of the people who were there at that time, voted a ;ainst y the lumber yard, But, the vote was ten for the lumber yard and .12 against the lumber yard. So that means that the Homeowner, and Tenants Association had to take a position of voting against it. Mayor Carollo: Well, the problem that we face is a matter of law. We c:axmot vote upon this based upon how many people are in, favor of it or against it. We have; to vote upon it based upon the standards that we have before us. And this is how each member of this commission will be voting. Based on the standards. Not upon who is for it, who is against, if there's another lumber company involved that is stirring up the pot somewhere or anything else. We can't take any of that into consideration. Ms. McDonald: Well, may I? Mayor Carollo: Only the standards. Ms. McDonald: May I make my statement? Mayor Carollo: Go ahead, madam. Ms. Modonald: I'm a life long resident of Coconut Grove and I've been very active in the community in a number of organizations. I'm currently the second Vice President of the Homeowners and Tenants Association formerly the president, I was formerly a member of the Coconut Grove Local Development Corporation can the board of the Coconut Grove Community Action Agency and I've been very active in numerous organizations in Coconut Grove. I'm the 1 186 September 26, 1996 1i Director of the C'ownut Grove 1;•atnily and Youth Intetvention Center and as I said a life long resident. The reason why I'm here tonight is because I am very concerned about the quality of life issue in our community. I am in favor of a hardware store. I'm in opposition of a lumber yard. And I think the question for our community, that people are raising tonight is about jobs. And I firmly believe that if we had a hardware stare., that if this, employer is truly willing to hire. people from our community that he would do so with a hardware store. But in the long run we need to be concerned about the future of our community and I believe that a hardware. store and a lumber yard will negatively impact the black oDmrnunity of Coconut Grove. Because, fimt of all we are already a depressed neighborhood. Our property values are low already. We are red lined. If you go Vilest of 52.nd Avenue the propert value is five dollars ($5) on the square Foot cxarm .red to three hundred dollars ($3001), seven (Z'Z* ), five hundwd dollars (,$500) a thowsand dollars ($1,( ) across the other side of 32nd Avenue. And having a lumber yard in our community will do more to decrease the possibilities of m bring our communities to a standard that we are working hard to do. We want to bring families to Coconut Grove, We want o improve the quality of life for our children. And I believe that having a lumber yard in Cues.=n'at Grove will not do that, The area where the lumber yard is because I grew up there I remember when there used to be nothing but apartment buildings down Douglas Road and along Day Avenue. And 20 years ago, our community made a decision that we wanted to build single family houses there and so I think that, that was a wise decision then because these people were looking out for the future of Coconut Grove. And I think if we are, concerned about the future for the nett generation to come, we need to look at what this lumber yard would do. And I know that it will not improve the quality of life. It will make the community more hazardous for our children, our senior citizens. We're very concerned right now about the traffic on Douglas Road, going across the highway to the Metrorail station and for many years we've been trying to discuss the possibility of having a cross, walk across the highway and we have yet been able to accomplish that with Metro Bade County. And now we are beginning to industrialize our community with lumber yards. To me, any person that wants to shop at a lumber yard in Coconut Grove will need the use of a truth or a car to go to purchase lumber. I don't think too many people will just be able to walk and buy lumber .and carry► it. We do have a facility in the cornmwiity that's five minutes away. I just don't see the reason why we. need to have another lumber yard in Coconut Grove. I am opposed to it because I care about the community and I think that everyone here who knows me, know that I am a very fair person, an open person, willing to listen and when I really believe in something I speak my mind and I respect each and every person that is in opposition to what I am in favor of. But I know that in looking back at people who stood up for this community many years ago, I feel like what we are doing here tonight is really looking out for the future of our community and I don't think that any one of us would really want to have a lumber yard its our back yards. Will not want to have large truo) s wIling down our streets where our children are playing. We would not want to have to worry about our senior citizens because of hazardous materials. And I think that our community really needs to have maybe a little more vision as to what we want and as to what the negative impacts would be. And if we Nally give it a lot of thought, I think that we would agree that a hardware store is what we should be working for because that would be in our best interest as a community. And if Mr. Lamadrid cannot put a hardware store without a lumber yard then our sommunity should say to Mr. Lamadrid that we ,acre more concerned about the future of our children than we are about the future of a lumber yard prospering in our community. Commissioner Dunn: May I ask one question Mayor? (APPLAUSE) Ms. MdVonald: Yes. Commissioner Dunn: Two questions. Where do you live in relation to where., the proposed lumber yard is? 187 September 26, 1996 Fm Ms. McDonald: I live on the opposite side of Grand Avenue. Commissioner Dunn: And approximately how far is that distance wise from there? Ms. McDonald: I would say it is, maybe a toile. Commissioner Duna: OK The other questions is prior to this proposed project, am I correct that it was laically a vacant .lot, a vacant building that was just sitting there, just. Ms. McDonaid: Well, prior to it I know it was a car dealership at one time. It was vacant before Pair. Lamadrid, yea. Commissioner Dunn: Arpproxitnttely how long? Ms. McDonald: About a year I hlnk, Commissioner Dunn: OK T,5ank you. Commissioner Regalado: I've got a question to. You said that you grew up in that area. I did too, I went; to high school around here. I used to go to Jimmy's Hurricane in Douglas. Commissioner Plummer: Bird and Douglas. Commissioner Regalado: And Dixie Highway. And I remember that was a good area. Commissioner Plummer: No, no. Bird and Douglas. Commissioner Regalado: Now, yeah. Commissioner Plummer: Not Dixie, Bird and Douglas. Commissioner Regalado: Well .Bird, that's right. You're right. But it was there close, close. Everybody seems to live close around here. But it seems that, that Bub, Miami Sulu is not doing too well. Because I go by there many, many times during the week. I remember the dealership, I think it was a VoMw►agon dealership and it was striving with business many yeaxs ago, but something happened that, that area just died down and I. I don't see why not, or why you're concerned about somebWy selling lumber and you want a hardware store. As a matter of fact we, the people gist live here like I, in the Silver Bluff area wear Coconut Grove and Shanadoah area. We do need a hardware that sells lumber because Saunders in Coral Way and 27th Avenue burned dower about four months, five months ago. And we just don't have any place to go. 'I7iere is, they are building probably a Home Depot I think way in Southwest 8th Street. I mean the area will be impacted favorably, I don't understand the difference of the .going with my jeep to get a piece of lumber its =e of a hurricane or having a hardware to buy some yatteries for my flashlight. If you can explain vo me, if you are talking about hundreds and hundreds of trucks but it doesn't smm that's the case. Ms. McDonald: What )'m talking about is the future. I'm ;not just looking at right now and what Mr. Uwadrid is proposing. Mr. Lamadrid knew when he clecideri. to build the hardware store that he. wanted to do a lumber yard. I think that our community, now that we are aware of it, he wants to make these changos. But initially his plans, I think, was to open up a hardware store. And ail along lumowing that he could not really profit without the lumber yard. Now I, it is just my opinion that a dumber yard in the long ruau wo►.uld really negatively impact our community in a way in which right now we possibly cannot really forew. I know that Community and the 188 September 26,1 f trucks going through there and the quality of life and the property devaluing and people moving out. And people selling out. It is a possibility that... that is what i think will happen. Mayor Carollo: But it is now 9:07 and we certainly have left everyone who have spoken up to now, spear all they wanted to. The remaining people that are left, I am going to limit them to the two minutes because we have to finish this. Go ahead sir. Mr. A. J. Fussell: My name is A. J.1~ussell and I live at 3655 Oak Avenue. Mayor Carollo: 'yes, ,sir. Mr. Fussell: And I arcs o ) ed to this lumber yard and I agree with what all the rest of them that are opposed to it say. twill not help the community. It will make it deteriorate and I was listening to the Commission and I don't have any problem with the question but, I do have a problem, a question about some of there about their address,. Now somebody come up here talking about having 50 people somewhere with addresses and, and... I just don't believe that, many people Hve in that place with that address. Now, they might have the names but the address and Mr. Carollo was asking about now. We need, I would like to know the address of these people that live in this community. Because they are, these names that they come Grp with a while ago they don't live within that area. Now, I can go, 1 can get 100 names ... but now, where do they live at? That the question that I am talking about. And somebody come up here a while ago with papers... talking about a bunch of narnes and no address. Commissioner Plummer: What? Mr. Fussell: And somebody see if, two minutes and I'll make mine... Commissioner Plummer: I've ,got it here. Mr. Fussell:... very short. Ckjatimissioner Plummer: I'll try. Mr. Fussell: I'm opposed to it because it will not happen. I hear somebody talking about how many will be employed and I hope that they reiect it. But if they do have it, then go there and ask those employees where they live at, you won't find two people that live in that area that they employ in that store. And somebody said a while ago, somebody in favor say it's not a Itunber yard,, it a hardware store. And we have a hardware store right down there near the pool, just three or four blocks down and we have a 1Urdware store out there on 27th Avenue, Saunders. And we don't need another lumber yard there, and thank you. Commissioner Regalado: Thank you. .Mayor Carollo: Thank you sir. How many people are left that haven't spoken that would like to speak? CK, I think three. One more here. Frankie are you speaking? Mr. Fmnkie S. Rolle: i would like to. Mayor Carollo: OK. That's fine. Go ahead sir, two minutes eich. Mr. Albert Johgison: Mayor, Commissioner,. My name is Albert Johnson.. I live at 33^10 Poinciam, Avenue. � don't live in the area and that is important. The Floorings is my backyard and I couldn't imagine a lumber yard being contemplated anywhere near me. I happened to be at the Civic, the Coconut Grove Civic meeting when ihis issue came up and I had to come here and 189 September 26,1996 speak on this. The issue before this Commission isn't whether this proposed lumber yard should be able to compete against an existing lumber yard. The issue is whether this proposed use should corn -ate against the best interest of this community. You are dealing with a safety, welfare is, . I can't imagine what would happen. if one child was heart as the result of a truck that deci, that it couldn't get on to U.S. 1. Because. i can tell you it's going to be a very difficult � ,.ature onto U.S. I. .It's not reasonable. Nothing that I've heard from, the opposition convinces me that they are going to drive rigs onto U.S. 1 at any reasonable time in the day. It's just not possible, it's not even reasonable. I'm asking you to he reasonable, proteo. this oomrmunity. Thank you. Mayor Carollo: `Thank you. Co ahead madam. Ms. Ozie Williams Good evening, my name is Gzie Williams and I live at 3021 New York Street, right tiff Bird. I oppose the lumber yard. I had a lot of problems with the Collection and the car wash with, parking. I c*uld hardly get to the house sot oppose it. And it's going to be heavy traffic and they are not, usually they don't use the route that they say they are going to use. That's what I have experienced in the past. Mayor Carollo: Thank you madam. And Frankie is the last person that was left to speak. Ms. Frankie S. Rolle: I would like to say that... Mayor Carollo: Before you do Frankie, you've got to give your full name and address, Ms. Rolle: Oh, I am Frankie Rolle. 3430 William Avenue and that's not over by the proposed lumber yard. However, I belong to many organizations throughout this Dade County and almost all of them in C'.oconut Grove. I, the people that I spoke to said that they were in favor of a lumber yard and that was the Coconut Grove Negro Women's Club. When we had meeting the other night we discussed it and we have about 25 members and they were in favor. Many of them live over in that particular area. i have a problem with people talking against development in Coconut Grove when they are members of the local Coconut Grove Development. And that creates a kind of problem, what you call it, a conflict of interest you might say that. Ask the gentleman if the trucks would be coming all day long. Usually, you have. them in the morning and in the evening. During the day the kids should be in school. I am the president of Coconut Grove Family Health Clinic, and we had no discussion concerning this lumber yard situation. Because we will be over in a new building in November over on the other side of the Highway and I am sitting president right now of CAA, that's the County. And for years we've been trying to get an overpass coming from. the IM etcorail aver to the station and it seems as if that will soon 3 be forth coming so, I have to go to Pons, Saunders burn down on me, and the other places. And I just want to say that I am for the lumber yard. Mayor Carollo: Thank you Frank7e. Ms. Rolle: Whatever. Mayor Carollo: 0& we've heard from everyone. Mar. Williard: Just very briefly I had requested a brief amount of time to sum up the opposition's case, 30 seconds, Mayor Carollo: Well, you are going to get two minutes. Mr, Williard: It won't evert be, dzt long Mayor. 190 September 26, 1996 AAL Ma or- Caml.104 And the opiming side's attorney will get two minutes to close. And them we wNtake a vote on it. Mr. Wiiliard: Quite simply they can have the hardware store as a matter of right, here. That will bring a great economic emphasis to the area and would serve the needs of the community. The lumber yard poses many problems and what's the extra benefit you get from that lumber yard? Two, three jobs and you alight be getting maybe five down the road. Do you really want to j jeopardize the public's health, welfare and safety by granting special exception?. In response to the Mayor's correct olaservation about the legal standard here, it's by competent substantial evidence hear your decision has to be based on. And after hearing the expert testimony f om both sides, I think it's clear that the competent substantial evidence requires that you uphold the Zoning Board's decision and deny this application. Thank you. Mayor Camllo: You have two final minutes when you begin. Ms. Pardo: OK. I would just like some. With regard to competent, substantial evidence before you. You have your own staff s recommendation of approval. I think Mr. Williard was misleading you when he said that the ironing Board denied it, if you loop at that vote you' It see that four members out of five actually approved. it was only one member and because of the technicality it was denied. I think it's important to note. Can you turn this on? That one of, the women who just spoke she said that ;she lived on New York Street. She was against it because of parking. There is no way that the people at the hardware and homeware store are going to be parking all the way on New York Street. There was another individual, the gentleman who spoke. He was against it, he lived on First Street. Unfortunately, I don't have a large enouglh map, but First street is down here. This property will bring economic development to the area. There was a concern that it was going to decrease the property value within the neighborhood. This is Mundy Street, right now .i don't see how this particular proposal is going to decrease the; prioperty values, in fact. it is going to increase it because there was a derelict building there. It is aessewtial for this hardwares homeware store to have the sale of lumber. I know people have been calling it a lumber yard. It is not a huge lumber yard. It's a hardware, homeware store that is going to also have the ability to sell lumber. Unfortunately the way the City code is written, because of the sale of lumber we have to be before you. We believe that this project will be beneficial. We had a traffic expert before you today to show you that it will not be detrimental. But the most important thing for you. to remember and I'll sum it up real quirk. Is that this is a C-2 commercial liberal district. Tbey are concerned about trucks bringing items to this property. Any other business, any other business that is entitled to go here wholesaling, warehousing, used cars, new cars, those items are going to be brought on trucks, they are going to be brought on big :rucks. Thank you very much. Mayor Carollo: 'Thank you very much for your time, Ms. Pardo: We hope for your support. Thankyou. Mayor Carollo: The... Commissioner Bunn: Mr. Mayor. Mayor Carollo: G ahead Commissioner. The public part of this meeting for this item is now over and it will be up to the Commission to discuss this before us. ComniWioner Dunn: I would like to make a motion but I will yield to my colleagues who might want bo dism" thus. Mayor Crtrollo: All right. I would appreciate its, if you would on this one this one particularly. It's rare that I give the chair to make the motion but on this 1 do feel that I have to and, I'm not 191 September 76, 1996 going to make my motion based on what is going on here and I think there's a lot of good people that are opposed to this but there are also a lot of people that have been misled in this. i know what's going on here:. I'm not going to get into it because it's late but I find it somewhat amusing that I've had people here a few montles back asking for additional funds ftbr their private business but now all of'a sudden they don't need money, they have money to give. But, the decisions we awake here today have to he based on the law not who paid attorneys here, or who's behind what. M%at's irrelevant. Nor who, or how many people are opposing or in favor of this item. The motion that I'm making today is based upon the expert testimony presented in this item and the recommendations, of the planning department. And after consider -fag the standards and criteria set forth in Section 1305.1 through 1305.8 and Section 2305 of the Zoning Ordinanm, I move that the Zoning Board be reversed and the special exception he approved with the conditions suggested by the planning department. Commissioner Dunn: Second. Vice Mayor Girt: 0& there is a motion ,and a second, discussion. Commissioner Plummer; Under discussion. I have not been convinced that they can stand any snore coontion. I'm not speaking to the lumber yard or the hardware store. I travel that route twice a day. Going to nay office in the morning from City Hall. The traffic on Dixie Highway is, is... I think someone told we the other day, 200% capacity. It' can't take any more congestion and for that reason I will vote in the negative. Vice Mayor Dart: Commissioner Regalado. Commissioner Regalado: I vote yes. Because I feel there is no need to worry about this alleged traffic that we are going to have in that area. I know that area and I know that business will impact favorably, this whole area of Coconut Grove, so I vote yes. Vice Mayor Oort: under discussion. Under C;-1. 'fiat's the commercial use. Whoever goes in there is gaging to create traffic, is going to have trucks, is going to have all kinds of users. Now, you are talldng about the argument of the value of the property going down. It Can't go any £urtler down than would exist in there right now. 1 think anything that is tuilt in there is an improvement to the area and for the following reason I think we should move forward, Is there any further disicussion. OK All in favor state so by saying "aye." Commissioner Plummer: Is this an ordinance or resolution? Mr. Joel Maxcveil (Assistant City Attorney): 'This is a resolution but I think you should have a roll call put on this one. Vice Mayor fiortt: You should stave a tell call. Rost cell. Mr. Foeman: Roil call. Ms. Pardo: 'nxank you very much for your time. We appreciate it. Mayor CMullo: T`lrauk you all for coming. MR. Pardo: And your vote. Mayor Carollo: OK. 192 September 26, 1 96 10 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO.96-678 A RESOLLMON, WITH ATTACHMENTS, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRAN`TING THE SPEC'lAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAIMI, FLORIDA, ARTICLE 4, SECnON 401, SCHEDULE OF DISTRIC Y REGULATIONS, C-2 LIBERAL COMMERCIAL,, CONDITIONAL PRINCIPAL USES, TO PERMIT BUILDING MATERIAL, SALES AND STORAGE, PER PLANS ON FILE, FOR THE PROPERTY LOCATED AT 3640 SOU`rH DWE .#HIGHWAY, MIAMI, FLORIDA. 'BONED C-2 LIBERAL COMMERCIAL, SI,MECT TO A TIME LIMITATION OF 12 MONTIHS IN WIIICH A 13UILD.ING PERMIT MUST BE OBTAINED AND FURTHER. SUBJECT TO ALL THOSE CONDITIONS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. (Here follows body of rmolution, omitted here and on file in the Offire of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: C mrniuioner Tomas Replado CommWioner Richard P. Dunn, II Fire Mayor Witredo Dori Mayor doe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. Commissioner Plummer: We've got one more zoning item. ------------------------._------------------------------------------------.--- 21. ENDORSE DESIGNATION OF CIT"y AS SUSTAINABLE COMMUNITY TO QUALIFY FOR PROGRAMS ENCOURAGING SUSTAINABLE DEVELOPMEMf AND POSSIBLE FUNDING SOURCES TO .AID IN IMPLEMEcNIING SUCH PROGRAMS -- APPLICANT: COMMUNITY PLANNING AND REVITALIZATION (CPR) -- SEE LABEL 13. -------------_.. .........................,...--- Mayor Carollo: Thank you. PZ-8 is the last item we have on the zoning agenda that we are going to deal with. Unidentified Speaker: I've got to shale your hand. Commissioner Plummer: Oh, thank you sir. Is there any opposition to eight?. Is, then; any opposition to item number 8? Mayor Carollo: Any opposition to item number 8? 193 September 26, 1996 MEN Commissioner Plummer: I'll move it. Mayor Carollo: There's a motion to second but we should read into the record what it is. So that anyone at haute that's wondering what we are voting upon knows that the item is referenced here. Mr. Clark T►armr: Mr. Mayor and Commissiobiers this its a mquest. 97his resolution would direct the Mayor to request the Department of Community Affairs, State of Florida, to designate the Citv of rdiam! as a sustainable community. That would not if selected it would not necessarily bring any direct benefits to the City immediately but it could have offered future funding possibilities and it also could relieve the City of some State requirements that coat it money to meet. Mayor Carollo: Very good. Off, any further disctwion on this item? Commissioner Regalado: No. Commissioner Dunn: No. Mayor cello: All in favor signify by saying "aye.." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-679 A, RESOLUTION, WITH ATTACHMENTS, ENDORSING THE DESIGNATION OF THE CITY OF MIAMI AS A "SUSTAINABLE COMMUNITY" UNDER THE SUSTAINABLE COMMUNITIES DEMONSTRATION! PROJECT AUTHORIZER BY THE 1996 FLORIDA LEGISLATURE; AUTHORIZING THE MAYOR TO REQUEST AN BEHALF OF THE CITY SUCH DESIGNATION BY THE FLORIDA DEPARTMENT OF COMMUNYfY AFFAIRS; AND DIRECi'ING THE CITY MANAGER OR HIS DESIGNEE TO TRANSMIT THIS REQUEST TO THE FLORIDA DEPARTMENT OF COMMUieti'IY AFFAIRS IMMEDIAI ELY FOLLROWING ITS ADOPT. ION. (Here f+ullows body of resolution, omitted here and on fi►e in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES_ Commissioner Tomas, Regalado C,ommisgioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wiftedo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: OK We are now dome with the Zoning and Planning agenda and we:"re back to the reguiar commission agenda.. 194 September 26, 1996 W .................r.................................................... ,. 22. RATIFY / APPROVE / CONFIRM WAIVING COMPETITIVE, BIDE)..-4G - APPROVE EXTENSION -OF 00NTRAC r WIT'1`I DELTA BUSINESS SYSTERMS -- ALLOCATE FUNDS ($270,628.68) FORM INDI'VIDLA'i BUDGETS. ...........1......................... I ......... I.......t........................... n...............r.Y r. Commissioner Plummer: We start with what, item 4? Ms. CueYvo: Item 4. Vice Mayor Gore: Move ir. Mayor Carollo: Hold on for a minute let's all get to it. Commissioner Plummer: OK. Vice Mayor Gort: This is the housing that was here before. Commissioner Plummer: Eh? Vice Mayor Gort: This is housing, the money for the... Commissioner Plummer: No, item 4 Willy. Vice Mayor Gort: Oh, 4. Commissioner Plummer, Delta Business Systems. `'ice Mayor Gott: Check. Mayor Carollo: OK, Item number 4 is motioned by C.omrnissioner Plummer. Commissioner Plummer: Yes, sir. Vice Mayor Gort: Second. Mayor Carollo: Second by Vie& Mayor Gort. Are there any ether questions from the Commission. Commissioner Bunn: No. Mayor Carollo: OK., all in favor signify by sayiag "aye." The Commission (Collectively): Aye. 195 September 26, 39r6 I ig The jbilowing resolution was in, by Commissioner Plummer, who moved its :, ,�nticw RESOLL"I"ti ON NO.96.68© A RESOLIMON, BY A FOUR -FIFTHS (4137rHS) AFFIFLNIATI VE VOTE OF ; tE MEMBERS OF'rEE CITY COMMISSION, AFTER A DULY ADVERTISVD PUBLIC HEARING, RAMFYING, APPROVING) AND CONFIRMING THE CITE" MANAGER'S FINDING THAT COMPETITIVE SEALED BIDDING METHODS ARE NOT PRAC 1CA.BL'E CAR ADVANTAGEOUS ,4X 1VIS 17ME; WAIVING TIME REQUIREMENT FOR COMPETITIVE SEALED BIDDING AND APPROVING THE EXTENSION OF AN iEXJSTiNG COMMACT BETWEEN THE CITY OF MIAMI .AND DELTA BUSINESS SY'S'I'EEMS FOR ONE (1) YEAR, AT THE PRi3P0511-;D AMOUNT OF $270,628.68, AND UNDER THE SAME TERMS AND CONDITION'S, TO PROVIDE FOR THE CONTINUED ACQUISITION OF CITYVeDE COPIER SERVICE ON .A LEASE/RENTAL BASIS; ALLOCATING FUNDS TAEW"IFOR FROM THF. INDIVIDUAL BUDGETS OF `Y'HE VARIOUS DEFARTMENIS Li.4aING COPIERS; AND AUTHORIZING THE CITE' MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE f -RDERS FOR SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of thg City Clerk.) Upon being ;seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard. P. Dunn, II Commissioner J.L. Plummer, Jr, Vice Mayor Wifredo Gort Mayor Joe Carollo NAZIS: Notre. ABSENT: None. ........ .,....................... .................................... 2»3. PERSONAL APPEARANCE: GENE SUAREZ, CHAIRPERSON OF THE CITY'S .HOUSING FOR PERSONS, WITH A iDs (HOPWA) ADVISORY BOARD -- APP'ROVE $3 MILLION FOR. RENTAL ASSISTANCE FROM 1996 HOPWA CONSOLIDATED PLAN. .........................-----..................,..........................--------.................. W-•.------------ Vioee Mayor Gore Item 5 was a request from the housing,, 8? Ms. Onervo: Item 5, your asked us to njeet witlt them end bring It back to you. IM 'nave, Mel". with Gent Suarez and Al Clemens. Mayor aarollu: What? I'm sorry, going back to 4 I want to make it clear to my crllwgues aad dw Commission ftt some, of tJhi�e items Omt we're approving we are. approving th.m Gec M bw b0bm the Manger would sip off, it wouldn't be official. And if there are any problems w-Uh 196 September 26, 1996 W budget constraints, I have asked the Manager to speak to each and everyone of us before he signed off. OK? thank you. OK, go ahead I'm sorry. Ms. Cuervo: It's OK. Mr. Mayor and Commissioners at the last meeting on September 12th 3, j asked us to rt:eet with Gene Suarez regarding this request. And this was a request t' '> brought to the Commission back in Fcbsuary, I believe, where there was a reque.,; ,a , mottles for rental assistance. At that time, the Commission directed us instead tu use it x. t pe- manent housing. And they are here to request from you all that, that it be mscind%i i-,id at;, to make the request again for rental assistance. Mayor Oirello.: What is tree recommendation, if there is any from the administration? Ms. Cuervo: `I'he administration recommends what they are requesting. Which is that we g. -srA it for rental assistarrm. Mayor Carcollo: OX, then that is the recommendation of the administration. Before you begin, x , you might not need to,, Let me ask my colleagues if anybody has any questions or Commissioner Plummer: In: other other words, this is a million two (1..2 million)? Mr. Gene Suarez: No, no this is not, that's another. Commissioner Phunmer: That's another item. All right, how much is this rental assis! s .t. ea Mr. Suarez° , OK, my name is Gene Suarez and I live at 800 West .Avenue, Miapni ,b-tc;, - 'm, the Chair. I'm a person living with AIDS and I'm also the Chair of the H0P`9r"A ;Air.; ,-s# ;r y Board to the well, to the Commission now. 7%is is three million ($3,000,000) fu 19S." your r:.onil6 idated plan: When we came in front of you we had done all our home% . rk P. that but, there was so much going on that day with the City CDBG- and all of thL A our recommendation which was the sauce as the staff recommendation was drastically changi.d. I-L three million dollars ($3X*O,IkK') was taken out from the long term rental assistance: and we were told that we had to get permanent house to build, you know, with that money we could build maybe 45 houses but it will take two or three years because of the zoning and all of rite problems. And with that money we could help people with rental assistance., as many as 450 or 500 individuals. And I'm quoting here from something that I... Commissioner Plummer: 'That's fine, you answered my question. Mr. Suarez: OK, it's a big, big difference. Mayor Carolpo: Is there a motion? Commissioner Dunn: Mr. Mayor. Mayor Carollo: I'm sorry, please gee ahead. Commissioner Dunn: Before, there arc; sense other people here who wanted to speak on tha issue and I would at lent like them to have an opportunity . Mayor Carollo: Why absolutely. If there is someone else; here that would like to speak on this issue? j Commirrzioner Dunn: Not on this issue. 197 September 26, 1996 j Mayot Carollo: No, I didn't believe so. Now... Vice Mayor Gort: No, no. Not on this issue. They got another issue. Commissioner Dunn: Another issue. Mayor Carollo: Yeah, yeah. Commissioner Dunn: OK, I'm sorry I apologize. Mayor Carollo: Fight. Commissioner Plummer: Mr. Slayor I have one; other question. Item .11 is a million two ($1,200,000). Is that in addition to the three: ($3,000,000)? Vice Mayor Gort: No, that's... Mr. Suarez: No, sir. Item, I am familiar with item 11 also. 'that's for 1995. The Teem 4 that I am tensing to you about is 1996 HOPWA money. OIL, the $1.2 million deals with HOPiVA. 1995, and that's money that had not been allocated yet. It is two different issues. And the $1.2 million that we're asking, will be asking of you today, is to go into the long teixn rental assistance also. Commissioner Dunn: I have a question, I'm sorry. Mayor Carollo: Go ahead. Commissioner Dunn: Mr. Suarez what impact will that have on I thinly, a previous agret inent with the Economic Opportunity Family Health Center, will that in any way affect their fundirig? Mr. Suarez: No, this doesn't, this does not affect the Economic Opportunity Family Health Center. They may be the recipient of this money if we put it, if we leave it in the long terra or if we put it, I mean in the permanent housing or if we put it in the long term rental assistance but we would have to RFP (request for Proposal) this money. Right now this money has not been rFP at all. I mean, it was approved by the Commission but because this is going to really, the effect that it's going to have i.s that the Economic Opportunity Family Health Center right now is assisting approximately 500 and something individuals. If we don't give them as much money next year, they probably will b.ave to drop... Commissioner Plumrfinen 'What? Mr. Suarez: ... a couple hundred people. Plus they have also a waiting list and the agent that is doing the long term rental assistance community; Christian t'baimunity Serv, A; .:icy, . they probably will also have to drop people. Because when we 'put all this money, uto .Ital assistance, we could you know, nut people into apartments'that met the quality, the hour.,e;. q►allty standard and we make sure that th.ey've met the housing quality standard. And we also, those that could not rent apartments because they didn't have the experience or whatever, w#. will flad them a place and those that had a place that wanted to stay in their neighborhood, which is what Economic Opportunity Family Health Center does, they help them stay in that neipborhood where they have their support systems and all that. If we go into building a residence for people with AIDS, you know it becomes where sometimes people don't want to live where everybody has AIDS became of the stigma or whatever. And you would be relcx Ling peo le from their neighborhood into areas that they may or may not want to reside. So by having to characterized, we can get access to properties or to apartments a lot sooner and 198 September 26, l 6 Ak r� we can help a lot more ptople. Housing for pe*ple with AIDS is crucial. I me ,. fbi 4 . !)le living with HIV and ADS housing can make the difference between life and death. Commissioner Dunn: I have no problem with that. I've worked personally w:, a pl , .:1m, Movers, Inc., so I have first hand experience and I'm very sympathetic and sensitive to +he 1. My concern only was that it would not have any bearing on.— so your are basically. Mr. Suarez: Well, Frankie Sweene is here Economic Opportunity and so is Mr. Alvin M:,ore and if they want to. Frankie is also on the Housing Advisory Board and so is Rufus Witherspoon. Mr. Rufus Witherspoon: A.h, yeah. Rufus Witherspoon, 14850 West Dixie Highway, North Miami. We voted today so that they can get the extra money. Commissioner Duna: OTC. Mr. Witherspoon: Because they had a waiting list, so... so that you know that. 1 a,%m missioner Limn: Ole. Very goad. Mr. Witherspoon: OK. "dice Mayor Gort: Mr. Mayor, I'm ready to make a motions. What happened There i4. i vigivally they came in with the monies to do rental. Unfortunately it was changed and there -,iv -, 01he idea that maybe they should make permanent housing and you can serve... Vise Mayor Gort: ... a lot more people with m atal, then you can have in the home ownership. So, for that reason, the reason stated by the administration, I shove to approve. is Commissioner Dunn: Second. Mayor Carollo: There's a motion that.. Ms. Cuerv►3: Vim Mayor we have. I'm sorry we have a resolution chat we would like... M, ayor Carollo: OK, go ahead and read the resolution that's going to be made and :iecond by Commissioner Gort and Plummer. Mr. Quinn: Do you want me to read the entire Rego or ,gust the title? Commissioner Plummer: Title. Mayor Carollo: Just the title thank you,, will be fine. Mr. Foeman: Roll call. , Mr. Suarez: 7i1ank you very much.. Mayor Carollo: Thank you. Commissioner Dunn: Thank you. 199 Septzmber 26,1996 t The following resolution was introduced by Vice Mayor r: ort, who moved its adoption RESOLU'1 ON NO.96-681 A RESOLU-1I0N, WITH ATTACHMENT', AUTHORIZING "IME CITY MAP'' GER TO AMEND THE FY 1996 ALMON PLAN MR MOUSING C, PPORTUNmE-31' FOR PERSONS WITH AIDS (HOPWA) PROGRAMS 'Al ELIMINATE FUNDING FOR PERMANEW HOUSING AND ADOPT CITY STAFF ORIGINAL RECOMMENDATION. (Here follows body of resolution, omitted here and on file,^. in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following, vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn,11 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Caroilo NAYS: ABSENT: Mayor Carolla: OPL Cximnissioner, Plummer: Eleven. Mayor Carollo: Eleven we're going to? None. None. _---------------------------1�----------------------------•----- .-----_ 24. ACC:EP'r DONATION -- $tr1Cc FROM 'PINE MIAMI HEAT AND FASTER". 1~" NT ANCIAL FEDERAL CREDIT UNION -- AUTHORIZE MANAGER 'TO USE FUNDS FOR. IMPLEMENTATION OF COMMUNITY -BASED RECREATIONAL PROGRAM (MOMMYAND ME). --------------------..._---...r-.,.-4------------------------ --------------------------------------------------------- Ms. C uervo: No, item 9. Vice Mayor Cart: Nine. Mayor Carollo: Nine? Ms. Cueevo: Yes. Vice Mayer Gort: Yes. Mayor Cmolio: Nine. Ki 1 September 26, 1996 W Commissioner Dunn: Easy one. Yeah, that's easy. Mayor 0krollo: And it's been moved and seconded by Commissioner Dunn. All in favor j by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: ! RLSOL ON NO.96.682. A RESOLUTION ACCEPTING A DONATION, IN THE AMOUNT OF $1,100 FROM THE MIAMI HEAT AND EASTERN FINANCIAL FEDERAL CREDIT UNION . III, AUT'HtORIZING THE CITE` MANAGER, T11ROUGH THE OVERTOWN NEIGHBORHOOD ENHANCEMENT 'TEAM ("NET"), TO EXPEND SAID Fi.>�iDS, AS DEEMED APPROPRIATE, FOR THE IMPLEMENTATION OF .A COIVI?'. WI`t 'Y- BASED RECREATIONAL PROGRAM, CONSISTING OF ENTERTAa►Il► W.OE,NT AND A STRUCTURED EXERCISE PROGRAM, ENTITLED "MUMMY BIND .Mt v " (Here follows. body of resolution, omitted here and on file in the Office of the. City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was Passed and adapted by the fallowing vote: AYES: CommissionerTomas Regalado Comm. ssioneT Richard P. Dunn,11 Commissioner J.L. Plummet• Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Neste:. jr 25.. - MER!IORAAIDUM OF -AGREEMENT (APRIL, 1, � 1996) WITH ECONOMIC w-.-- OPPORTUNITY FAMILY HEALTH CENTER, INC., (CENTER) -- ALLOCATE ADDITIONAL FI;�DS TO PROVIDE LONG TEEM CLIENT RASED HOUSING ASSISTANCE TO ELIGIBLE PERSONS WITH HIWAIDS OIL RELATED DISEASES -- ALLOCATE FUNDS (NOT TO EXCFED $1,200,000 FROM FY'97 HOPWA PROGRAM FUNDING). f...---................,.....................................>......------------------------------------------......... Mayor Ca.rollo. OK, we're in 11.. Commissioner PIUMMer. Move it. >vYaya: Carolio: It f as been moved, by Commissioner Plummer. Vice Mayer Gort: Send. 201 Sep -ember 26,1996 r Mayor +hallo: Se4xmded by Vice Mayor Gort. All in favor signify by saying "aye " The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RF.SOLI.MON NO, 96-683 A R1E,SOLIMON AUTHORIZING THE CITY MANAGER TO EXECU IEE, AN AMENDMENT, IN A FORM ACCWTABLIE 'TO THE C17Y ATTORNEY, TO TEIE MEMORANDUM OF AGREEMENT, MATED APRIL 1, 1"6, WITH ECONOWC OPPORTUNITY FAMILY HEALTH CENTER, INC.,, (CEWER.), ALLOCA:TIN:, ^IN ADDITIONAL AMOUNT% NO T 'I O EXCEED $1,2A)0,(03, FROM FlSviq. Y1:;AR 'its . OUSING OPPORTUNITIES FOR PERSONS WITH AIDS rhr :'WA) PROGRAM FUNDING, TO PROVIDE LONG TERM, CLIENTBASED 11C: 41NG ASSISTANCE TO ELIGIBLE PERSONS WITH HIV%AIDS OR RP-i,ATED DISEASES, SUBJECT TO CERTAIN CONDITIONS AS HEREIN SPECIFII; (Here follows body of resolution, omitted here and on file in the Office of t(i•.. City Clerk.,) Upon being seconded by Vice Mayor Gort, the resolution was passiA- and adopted by the following vote: AYES: Commissioner' Tomas Regalado NAYS: ABSEN'T: Mayor Carollo: Seventeen. Commissioner Richard P. Dunn, it Commissioner J.L. Plummer, Jr. Vice. Mayor Wifredo Gort Mayor Joe Carollo None. None. ...------------ ------------------------------- —------------ --- --------------- _..------,------ 2. ACCEPT BID: DATA STORAGE CENTERS -- COMMERCIAL RECORDS MANAGEMENT AND STORAGE FACILJTV FOR VARIOUS CITY DEPARTMENTS -- ALLOCATES FUNDS ($ ,64S, CIP No. 2,50102.34o [311a42]). _..r............ ,.__s---------- ,-------- I.....................---_-= Ms. Cuervo: Mr. Mayor, can I ask that we also take up item 14? I spoke with, Commission . Regalado... Mayor Ckrollo: Yes. Ms. Cuervo: ... about some of his concerns so if you want we could do it at... Mayor Carollo: let me go back to iteem 14. 202 September 26,1996 v i Ms. Cuervo: Thank you sir. i Commissioner Plummer: Move it. Mayor Carollo: It has been moved by Plummer, seconded by Regalado. r Commissioner Regalado: ices. Mayor Carollo: All in favor signify by saying Faye." The Commission (Collectively): Aye. Tlie following resolution wr�x in induced by Commissioner Plummer, who movred iv. �,.l.a� t ion: RESOLUTION NO.96-6E4 A RESOLUTION ACCEPTING THE BID OF DATA STORAGE CENTERS, A DADE COUN'I"YJNON-MINORr Y VENDOR, FOR THE FURNISHING OF A COMMERCIAL RECOPMS MANAGEMENT AND STORAGE FA.C➢.LITY FOR VARIOUS CITY DEPARTMENTS, ON A CONTRACT BASIS FOR ONCE ('1) YEAR WITH THE OPTION TO EKIMND FOR TWO (2) ADDITIONAL ONE (1) 'YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL COST OF $5,045.00; ALLOCATING I,'i)S THEREFOR FROM THE GENERAL OPERATING BUDGETS OF TFIE DEPARTMENTS OF HUMAN RESOURCES AND FINANCE, ACCOUNT CODE NOS. 270101-340 ($2,545.00) A 4D 261101-340 ($2,500.00); AUTHORIZING THE CHIEF" PROCUREMENT OFFICER TO ISSUE A PURCHASSE ORDER FOR, SAID FACILITY, AND THER> AIi'TER TO EXTEND SAID CONTRACT FUR TW:.,• ;;) ADDITIONAL ONE (1) NEAR PERIODS, AT THE SAME PRICE, TERMS ;' ` D CONDITIONS, PURSUANT TO BID NO. 95-96-129 AND SUBJECT AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of th "it) Clerk.) Upon being seconded by Commissione Regalado, the resolution was passed and auuptc by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Duran, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Caroilo NAYS: None. ABSENT: None. 203 September 26, 19%. W brr.rb........YYwrrN Wrrrrrr..rrr..rrrrr..rrrlrrrarrrrrrrrrrYt....Frrrrr.Firrrrrr..wNr.rrr.........rr.rrr.......... r.rr 27. MARS & EMMA CABRERA, ANTONIO ROMERO, JOSE MARVI ZAPATA, NOEL DeLEON, WILDER DeLEON AND ROY CASTC ($190,000) -r CASE 95.19014 CA (02). DIRECT CITY AT1T01` ?:,A MAYOR CAROLLO DIRECTS CITY ATTORNEY TO MEET WITH COMMISSIONERS INDIVIDUALLY TO DISCUSS''111C, SETTLEM N'I'. Mayor Carollo: OK, we're back to seventeen. Commissioner Plummer: You got a set of dice? Ms. Cuervo: We can't afford to. Commissioner Plummer: Well, hey that's what you're doing, you're rolling the dice. Mayor Cairollo: What is the deadline that we had on this? Mr. Quinn: I don't really have it. Right now it will be some time in November. Mayor Carollo: Sometime in November, so we got time between now and then. Op,, , if you can have someone speak to each member of the Commission briefly. I want to ge, �u input from the Police Department on this also. In fact, every time from now on Cast we have something that 2lice related to Police that we're talking about settling a suit, I'll like to ..w.4C that a member of the probably would talk also to the members of the Commission L..d jive us your input an it. Commissioner Regalado: Mr. Mayor, Captain said earlier that the Police Department wanted to express their views on this case, I believe. Captain, Joseph Longueira (Department Commander, Police Support Services): Well, I think since we're going to have it later, wt'll come and see each one and then take care of it. Commissioner Rega.lado: Yeah, but OK Capt. Longueira: I think Quinn would like that better that way too. Mayor Chrollo: Yeah, it should be Dexter that. way. NOTE FOR THE RECORD: At this point, the agenda item was e r sc as rT n &nd a Commission agreed address this item at at later time of this regular meeting. Mayor C arollo: 0& and then we go to item 2.0. <r M September Yw--YY.r--Y--YY-I.YYY-YYY-YY-YYYYYICYY....YYY........YYYY-YYYYwYYYwYYYYYYYYYwI.YY- Y-; Y Y.... Y Y Y Y w Y Y Y Y Yw Y w Y Y Y Y Y. . •wYw.. 28. ACCEPT RID: CENTRAL. CONCRETE SUPERMIX, INC. FOR FURNISIIINC, READY MIX CONCRETE TO PUB UC WORKS -- ALLOCATE FW 'S FY'96l97 BUDGET ($8810W9 ACCOUN" 310501-750 [$76,0001 Al'; 31'9301-75u-341171 [$12,OMI). sYY-wYYw...-Y....YY--YY.......w-..YUY-YYYYYY-e'- '_ Clow.missioner Plummer: Move it. Mayor Carollo: Move 20. Plummer move., Commissioner Dunn: Second. Mayor Carollo: Commissioner Dunn seconds it. All in f1vor signify by saying "aye." The Commission (Collectively): Aye. The forlowing resolution was introduced by Commimioner Plummer, who moved its i.4opaton: RESOLUTION NO.96-685 A RESOLLTION ACCEPTING THE BID OF CENTRAL CONCRETE SUPERMIX INC., A HISpANIC1DADE COUNTY VENDOR, FOR FURNISHING READY MIX CONCRETE TO THE DEP,ARTMEI-rr OF PUBLIC WORKS ON A. CONTRACT BASIS FOR ONE (1) YEAR W11- i THE OPTION TO EXTEND FOR. TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A L%TIT COST OF $44,00 PER CUBIC YARD, ON AN AS -NEEDED BASIS, FOR A TOTAL., ESTIMATED ANNUAL COST OF $88,000; ALLOCATING FUNDS THEREFOR FROM FY '96-97 BUDGET, AC=UNT CODE NOS. 310501-750 ($76,000) AND 319301-750-341171 ($12,000); AUTHORIZING TIME CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR TINTS MATERIAL AND THEREAFTER TO EXTEND THIS CONTRACT FOR i CVO ADDITIONAL, ONE (1) YEAR PERIODS, Rr THE SAME PRICE, TERMS AND CONDIMONS PURSUANT TO BID NO. 95-96-143, SUBJECT, TO TI'HE A"VAII..ABILITY OF FUNDS. (Here follows body of resolution, omitted here: and on file in the Office & 6te (.'iiy Clerk.) 205 September 26,) 994 i ig Upon being seconded by Commissioner Dunn, the resolution was passed i A ado f-t by the following vote: AYES: Commissioner Tomas Replado NAYS: ABSENT: Commissioner Richard P. Duna II (:b mmissioner J.1... Plummer, Jr. Vice Mayor Wiftedo Gort Mayor Joe Carollo None. None. .—----------------- —---- -........................................... 29. EXTEND SERVICE MAINTENANCE CONTRACT FOR SOULTH FLORlT),A A+IAIN"I'1 MANCE SERVICE -- FOR CONFERFNCEICONVE�;�T71ONS/PlJri ..iC FACILITIES -- ALLOCATE FUNDS ($25,000). Mayor Carollo: Any other item that needs to come up before us tonight? Commissioner Plummer: I have two pocket items of which neither one are mine. Commissioner Dunn: I have two, too Mr. Mayor. Mayor Carollo: You don't have any: Qsmraissioner Plummer: One pocket item, both pockets demands the Manager's office I give... Ms. Cuetvo: No. Commissioner Plummer: No. A resolution approving the extension of contracts within Ae City of Miami and South Florida Maintenan(2 Services, Inc., for the provision of events, mainta ance services for a period of time not to exceed three" months. Allowed the City to see' ccinpel,i I Ye bids and award a contract of such services, therefore and found not to exceed twet,;:y Me thousand ($25,0 J) to the Department of Conference Conventions and Public Facilities operitink-: budge4 account code number 415000-350201-340 authorizing the City Manager to execsute he ,necessary documents in a form acceptable to the City Attorney for this purpose, the City Manager, so moved. Mayor Carollo: There is a motion, seconded by Vice Mayor Gort. All in favor signify by saying "aye." The Coramksion (Collectively): Aye. 206 September 26, 1996 f The following resolution was introiJuced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-686 A RESOLUTION AUT14ORIZING THE EXTENSION OF A CONTRACT WITH SOUTH FLORIDA MAINTENANCE SERVICE, FOR T14E PROVISION OF EVENTS MAii TENANCE SERVICES FOR A PERIOD OF THREE (3) MONTHS, FOR THE DEPARTMENT OF CONFERENCES CONVENTIONS AND PUBLIC FACILITIES; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM SAID DEPARTMENTS GCNERAL OPERATING BUDGET, ACCOUNT NO. 415000-350201.340; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE Alai AMENDMENT' TO THE C;ON'I'RA.CT, IN A FORM ACCEPTABLE TO THE CiT'Y ATTORNEY, TO EVIDENCE THIS EXTENSION OF THE TERM THEREOF. (Here follows body of resolution, emitted here and an file in the Office of the City Clerk.) Upon being seconded by dice Mayor Gort, the resolution was passed and adopted by the following vote: AWS: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gert Mayor Joe Caroller NAY& None. ABSENT: None. ---------------------- ------------ ----------_.-------. -- 30. DISCUSS REQUEST TO WAIVE RENTAL FEE AT BICENTENNIAL PARK -- FOR 20TH CENTURY FOX TO FILM PORTIONS OF MOVIE "SPEED 11" -- REQUEST DENIED. Commissioner Plummer: All right, I don't know whether to bring this one up or not. It's a resolution to waive the rental fee at Bicentennial Park for the movie that's being, made, Speed If. Is this for the rental or is this for one of the event days' Nis. Cuervo: This is for the rental. This is from Bay Front Park. And I believe there' is a thousand dollar ($1,000) fee and so they are asking that it be waived. But that's up. tommissioner Plummer: Well, you know, we did all of the tings down here at the Mesryl Stevens and all of that for them. Now 1, you knew. Could this be be held over to the next meeting? Ms, Cuervo: I don't know whatever they said they heeded for that, to be honest with you. That didn't a oine from our office. 207 September ?6, 1996 ilk 1 1 Commissioner Plummer: Well,1. You want me to hold it Mr. Mayor. What do you a me t do with it? Vice Mayor Gort: Commissioner, I have several people come to me for a waiver of fee -nd the conditions the way they are. I'm not honoring any. Commissioner Plummer: OK. That answers it. Mayor Carollo: That is really the apppprct riate answer that we should be giving at this pain► irk time. I have one here that before 1 make the pecket item, Commissioner Plummer: TUt's taken care of. .........,.........................................................-----.._.-----.......----------.......•... ........-- 31. APPROVE PURCHASE FOR ONE (FRONT WHEEL LOADER FROM EQUIPMEmr ($180,504) FOR REMOVAULOADI.NG TRASH AT VIRGii%'iA KEY - FROM RECYCLING EDUCATION GRANT FUNDS -- FOR GSA ........................................---------......-----....---------• Mayor Carollo: I have one here that before I make the pocket item for Mr. Williams I would like to enter this in the record. This is for the purchase of one front-end loader for one hundred and eighty thousand five hundred and four dollars ($180,504). Now this as ,you had explained it tc; me is coming from the recycling education grant fund. That is not coming from any of our City funding. It's coming from a grant from the State I believe right? Mr. Icon Williams (Assistant City Manager): That is absolutely correct, Mr. Mayor. Mayor Carollo: And if we don't spend this money now to buy this, we will lase that money. Mr. Williams: We will lose as of September 30th and that's the reason that I asked... Mayor Carollo: OK. So therefore I will read the following resolution on the 1 1. A resolution authorizing the purchase of one front-end wheel loader from GS Equipme:: tu, a cost not to exceed one hundred and eighty thousand five hundred and four dollars ($1a0,5, , rot the removal and loading of stumps and lags into grinders for the redaction and larch%. t.LSh aL the Virginia Key Yard Trash Manaagement Facility for the Department of General S... vine Administration and Solid Waste. Allocating funds therefor from the FY 96 Solid Was.. Reduction Re -cycling Educational Special Grand Fund Account .Code number 421306-040, project number 197008 authorizing the City Manager to instruct the Chief Procurement Office, to e©scre a purchase or for the purchase of this wheel loader subject to availability of funds. Is there a motion on this? Vice Mayor Gore Move it. Commissioner Dunn: Second. Mayor Carollo: Move by Vice Mayor Gort, second by Commissioner Dunn. Before vote once we receive the money from the State to buy this, if at any point in the future w; d , . do eh we have no further use for it, can we sell it in the open market? Mr. Williams: Yes, it's City property at that point, Mr. Mayor. 208 September 26, 1996 46 T Mayor Carollo: Very good. You've answered... OK. Any further questions on this? Commissioner Regalado: Not on this one. Mayor Carollo: OIL.. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Mayer Gort, who moved its adoption:. RESOLUTION NO.96-6g7 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE FRONT-END WHEEL LOADER FROM GS EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $180, 04, FOR THE PROCESSING OF GARDEN TRASH AT THE VIRGINIA KEY YARD TRASH MANAGEMENT FACILITY, FOR THE DEPARTMENT OF GENERAL SERVICE ADMINISTRATION/,SOLID WASTE; ALLOCATING FUNDS T14 EREFOR FROM THE F`1° '96 SOLID WASTE. REDUCTION RECYCLING EDUCATIONAL SPECIAL GRANT FUND, ACCOUNT NO. 421306-040, PROJECT NO. 197008; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER TO GS EQUIPMENT FOR SAID EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado NAYS: ABSENT: Commissioner Regalado: 'Mr. Mayor, I... Mayor Carollo- Start looking for a buyer Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wiffedo Gort Mayer Joe Carollo None. None. September 26, 1996 \•,I1.YY.iiY.11.YN.Y.MYi..Y.......................... PM'.Y.YYf......... ws.... YYY•I,wU......1.Y:1.J ...............larw.l.. 32. APPOINTISMAEL "MIKE" DC CARDIENAS TO HEALTH FACII.1TIES AU THORI'TY BOARD. :...........,....1 m .................................... ,.................. I ...... ....................... a...... Commisioner Regalado: .., I have some members of the bard that I need to apivint especially one about the I-Irealth Facility Authority. "That's a pocket item. Mavor Carollo: We have to go through theca, each one individually so. commissioner Regalado: OK. Can I just... Mayor Quollo: Since they are different boards. Commissioner Regalado; I know. Mayor C..arollo: Am I coc°rect, Mr. City Attorney? Commissioner Regalado: The most urgent one will be the Health Facilities Authority, they don't have a quorum there. Mayor Carollo: OK Commissioner Replado: So, I'm appointing Dr. Ismael (Mike) de Cardenas, no relation to... Mayor Camllo: To another famous de Cardenas. Commissioner Regalado: He's famous, not related. He's a medical doctor F:z.i it', ay: appointment to the Health Facilities Authority. Vice Mayor Gort: Second. Mayor C arollo: All right, there's a motion. There's a second by Vice Mayor Gort. All in fidor signify by saying "aye." The Commission (Collectively): Aye. 210 September 26,1996 1 The following Yesolution was introduced by Commissic net Regalado, who moved its adoption: RESOLUTION NO.96-688 A RESOLUTION RELATED TO THE HEALTH FACILITIES AUTHORITY, AMENDING RESOLUTION NO. 93-107 TO CORREC'1°LY REFLECT T14E TERM OF SAID INDIVIDUAL, APPOINTED PURSUANT TO SAID RESOLUTION; FURTliER APPOINTING ,AN INDIVIDUAL TO SERVE AIR A MEMBER OF THE HEALTH FACILITIES AUTHORITY TO FILL THE REMAINDER OF AN UNEXPIREWTERM AS DESIGNATED HEREIN. (Here fbllows body of resolution, omitted here and on file in the Office of .... City Cle.rk.) Upon being seconded by Vice Mayor Gore, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, 11 Commissioner J.L. Plumme., Jr. Vice mayor Wifredo Gort Mayor Joe Carollo NAYS: .gone. ABSLN'T: None., Mayor Carollo: Anything else that you need? Commissioner Regalado: Ah. .w r 33. APPOIN`1:' . FRED w-JOSIEPH TO BAY FRONT PARK MANAGEMENT TRUST. .....................................I..._........,...................................................._......._... Commissioner Plummer: You have Fred Joseph for Bayfront Park. Commissioner Regalado: Yes, I do. Commissioaer Plummer: Second the motion. Mayor Carollo: "There's a motion. There's a second. All in favor signify by saying "aye.' The CDmmission (Collectively): A.yt. 211 September 2h, 1.996 'Vita following motdon was introduced by Commissioner Regalado, who moved its adoption. MOTION NO.96-689 A MOTION APPOINTING FRED JOSEPH TO SERVE AS A MEMBER Ot, ®AYFRONT PARKS. MANAGEMENT TRUST, (Note; Mr. Joseph was nominated by Commissioner Rtegalado.) Upon bein seconded by Commissioner Plug mer, the motion was passed and a g4ted by ►ite fbIlowerxg vote: AYES.- Commissioner Tomas Itegalado Commissioner Richard P. Dunn, II �rimmissioner J.L.. Plummer, Jr. Vice Mayor Wifredo Dort Mayor Joe Carollo NAYS; None. ASSENT: Atone. rDMfNi.•.r.rDr.......................................................................................:.............. .44. APPOINT RAYNIUNDO ESCARIRA TO INTERNATIONAL, TRADE BOARD. ....u..r....a...............r...................•................................................._._____v___. Commissioner Regalado: In ernational Trade Board, Raymundo F, Escarra. Vice kizyor Gott: S=.nd, Mayor Carrillo: There is a motion; there is a second. All in favor signify by sabring "aye." 71m Commission (Collectively): Aye. 212 September 26, 1996 I The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO.45.690 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER c.=l- THE INTERNATIONAL TRADE BOARD FOR A TERM AS DESIGrNATFIL) HEREIN. (Here follows body of resolution, omitted here and can file itt the Office ul Rhe �ierlC.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: Ate: Commissioner Tomas Regalado Commissioner, Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Nice Mayor Wifredo Gort Mayor Joe Cdrollo NAYS: None. ABSENT: None. w..-----------------------..m............-----------------------------..........-----------.,... . 35. APPOINT RAMON IFLORES TO CITYWIDE CIOMMUNITV DEVELOPMENT ADI-ISORY BOARD. .._------....,.----------------------.,..--------W..----------------------.....-----------------_.. Commissioner Regalado: And Citywide Community Development Advisory Board, Ramon Flores. Vice Mayor Gort: Second. Mayor Caurollb: Ail in favor signify by saying; "aye." The Commission (Coll€.ctively): Aye. 213 September 26,1"6 lite following olutiun was intwduc.�A by Commissioner Reg�alado, whc% moved it.adoption RESOLUTION NO.96-691 A RFISOLITI"ION APPOINTING AN INDIVIDUAL TO SERVEAS A. MEk,, ,_ R THE CI' MOE CXyMMUNITY DEVELOPMENT ADVISORY BOARD FOR A. TERM AS DESIGNATED HEREIN. (Derr, foilows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon, being secondtxl by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: C.".otr missioner,romas Regalado Commissioner Richard P. Dunn,1I C:ornmissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAXS: None. ABSENT: None. .------..-----_.--------o ..... ..c....... .......... :.,.«v...........................� _-"_"_^-.___._..._ 36. APPOINT RAYMOND McELROY TO CODE ENFORCEMENT BOARD. ................,w_........_.........�......W..........:.............----.: _.W . ................... Commissioner Regalado: OIL. ,'ice Mayor Gort: 1s that it? Commissioner Replado: No I've gat, if I may. I've got Code Enforcement Board, Raymond McElroy. Vice Mayor Gort: Second. Mayor Carollo: Motion, seconded by Commissioner Gort. All in favor signify by saying "ayt- The. C..crmMission.(Collectively); Aye. 214 September 26, 1.996 N-, W The following resolution was introduced by Commissioner Regalado, who moved its ailoption: RES;• LLMON NO.96-692 A RESOLtMON APPOINTING AN INDIVIDUAL TO SERVE AS A I EGLJ1.AR MEMBER OF THE CODE ENFORCEMENT BOARD FOR A 'ITFSR: ,, AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the of •fl City Clerk.) Upon bung seconded by Vices Ma�yor Gort, the resoNflon v as passed and adop�fd 1, he following vote: AYFS: Commissioner Tomas Regalado Commissioner Richard P. Durm, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gcrt Mayor Joe Carol to NAYS: hone. ASSENT: None. ...".... .... ..................................... ...................................... .------- 37. APPOINT LISSET'Z'E RODRIGUEZ TO AFFORDABLEI-IOIJSIi�� ADVISORY COMMITTEE. Commissioner Regalado: All right and Affordable Housing Advisory C.ommitt: Lisse,• Rodriguez. Contrnissioner Plummer: Second, i !Mayor Carollo: I Second by Plummer. All in favor signify by saying "aye," The Commission (Collectively): Aye. 1 i 215 September 26, 1996 The following resolution was introduced by Commissioner Regalado, who moved its at. +io._. RF'SCIwnON NO.96-693 A R.ESCJi_.iMON APPOINTINGAN INDIVIDUAL. TO SERVE AS .A. MElbI.1 LR OA THE CITY OF MIAMI AFFORDABLE HOUSING ADVISORY COMMITTEE FOR TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Offim of the City Cierk.) IJpon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner 1kichard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor'Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: none. -----------..-....---------------.-----------------•------------------a------------..-- ----.----------------- 38. APPOINT DIN© GALARDI TO BA'YnONT PARK MANAGEMENT TRUST. Mayor Carollo: That's it. Now do you named Fred Joseph to the Bayfront Park Management Trust, that r"eans he bumped Dino Galardi. So I need to rename them, Dino Galardi to that same boandd the Bayfrout Park Management Trust Board. Commissioner Plummer: That's fine. He's a very good roan. Mayor Carollo: There's a motion, second by Regalado. ComrUissioner Regalado: Yes. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: C!L 216 September 26, '! 9% i i r i The following resolution was introduced by Mayor Carollo, who moved its adoption-, j RESOLUTION NO. 96-694 A RESOWTION APPOINTING CERTAIN INDIVIDUALS TO SERVE Al j. MEMBERS OF"HE DAYF RONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, ornitted here and on file in the Office of the City Clerk.) Upon being se tended by Commissioner kteplado, the resolution was passed and adopted by tie Following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. `dice Mayor Wiftedo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. j 39. APPOINT D.ANN fit COUCH TO MIAMI SPIRTS AND EXHIBITION AUTHORITY. ------------------------ Commissioner Dunn: Mr. Mayor. Mayor Carollo: Commissioner, go ahead. Commissioner Dunn: I have two pocket items but I need to. IF granted that request, 1 :,,,,ed apologize to you and ft Commission. i Mayor Carollo: No problem. i Commissioner Dunn.: For not tieing as prepared as my colleague Commissioner'itegalado. j Mayor Carollo: 'You're quite prepared. 'You're on time. We haven't finished with the meeting yet. Commissioner Dtmri: OK. First of all I would like to appoint Danny Couch to the Sports and Exhibition Authority, Mayor Carollo: Very good. Commissioner Plummer: To which Authority? Mayor Qtolio: Sports and Exhibition. 217 September 26, 19% r Commissioner Dunn: Sport, Miami Sports and Exhibition Authority. Commissioner Plummer: All right. Mayor Carollo: There is a motion for Danny Couch. Vice Mayor Corti end. Mayor Carollo: Second by Vice Mayor Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. The fbllowing resolution was icsuo aced by Commissioner Duos, who moved its adoption: RESOLU1i0N NO.96.695 A. RESOLLMON APPOINTING AN INDIVIDUAL TO SERVE AS A ME1` Bi,?r. OF THE MIAMI SPORTS AND EXHIBITION AU'I H R11T FOR A TERVI' AS DESIGNATED HEREIN. (Mere follows hady of resolution, omitted here and on file in the Office, of the city Clerk.) Upon being seconded by Vice Mayor GoM the resolution. was passed and adopted by the following vote: AWES: Commissioner Tomas Regalado Commissioner Richard P. Dunn,1F Commissioner J.L. Plummer, Jr. Vice Mayor Wi.fredo Gort Mayor Joe Carollo NAYS: None. ASSENT: None. 40. DISCUSS/REFER TO MANAGER COIVSIDERA'I1IOWAPPROVAL, OF $:50,000 REQUEST FOR AFFORDABLE HOUSING, DEVELOPMENT IN OVFR'rO'%74 BY MT. 7ION DEVELOPMENT, INC. Commissioner Bunn: Secondly, I'd like to ask that the Manager be directed to give to the Mount Zion Development, Inc., fifty thousand dollars ($50,000) for administrative funds to develop .24 units of affordable housing in the Overtown area. The project description is basically located it North v eest 10dh Street and 3rd Avenue, a multifamily... Mayor Carollo; OK. Commissioner Dunn: Sure. Mayor Carollo; Commissioner, the r"orsmal proem that we have always followed is, that it vim to go through the Manager for any fur dlag requests. But in particuirir more so now.. 218 Septembet 26, 1996 t n� 1 Commissioner Plummer: Sure. Mayor Carollo.. That +eve could approve the money but the check... Commissioner Phatamer: Might. bounce. Mayor Chrollo:... might bounce. Commissioner Dunn: OK, OIL. Mayor Carollo: And when we say that we need to know, to let the public know that there are no checks in the City of Miami that are going to bounce. But we really don't have the ::•a,,ney ��:tuse the time span that we have left before we. do run out of money is maybe five, six vuonths away. So this is where we start making the cuts now. So what I would suggest is that you make a motion in sending this to the administration so that they can look at it. Commissioner Dunn: OIL. Mayor Carollo: And .see what they would recommend. But, I think I will, know what, they {' would recommend. d Commissioner Dunn: I concur. Commissioner Plummer: Second. Mayor Carollo: Ther€'s a motion, second by Plummer. All in favor signify by saying "aye." The Commission (Collectively): Aye. lThe following motion w&i introduced by Commissioner Dunn, who moved its adoption: MOTION NO.96-696 A 1077ON REFERRING TO THE CITY MANAGER. FUNDING REQUES g :MADE BY MT. ZION DEVELOPMENT, INC., IN 1'FIE AMOUNT OF $50,000 IN CONNECTION NVITH IT'S PROPOSAL TO DEVELOP 24 UNITS OF AFFORDABLE HOUSING IN OVERTOWN AREA. (N.W.10 STREET AND 3 AVENUE). Upon being seconded by Con missioner Plummer, the motion was passed and adopted by 'the following vote: AYES: CommiWoner Tomas Regalado ' Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vies Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. a 219 September 26, 1996 I; hik .... ••«..•wwr•.......... e..... «...r...........e..........«...... .......e.e ..... ..... .............. ....... •._...r.. 41. SP1vCIAL MEETING OF OCTOBER 1, 1996 TO BEGIN AT 10:00 A.M. .............................r..............,.......................... ..................... ....e.......................•.... Mayor Carollo. Any further items? CommissioJaer Plummer: Mr. Mayor, the only thing that I would 'litre in your concurrence;. A►nd I've said to the Mayor on'ruesday if it's possible could we meet at tern o'clock instead of nine. Mayor Cam la: Ten o'clock will be fine. That no problem. Commissioner Plummer: In that way at least I can go to my office. Mayor Chrolln: Do you need a resolution on that? Ms. Christina Cuervo (Assistant City Manager): I'm sorry I didn't hear you. I need to bring something up. Mayor. Carollo: Do you need a motion on the record on that? Ms. Cuervo: OK. If you... Mayor Carollo: 0& well there's a motion by Plummer that the Special C:ommmi ion Meeting that we Y l have on Tuesday will be at ten in the morning. Ms. Cuervo. I believe it's not a Special Commission 1VMeeting tom my... Mr. Quinn: It's jest a workshop. Ms. Cuervo: .... it's just a workshop. '. Mayor Carollo: OK. Well workshop, that'll be fine. Commissioner Plummer: Workshop, OK. MS. Cuervo. Right just so that oo, official action is going to be taken. Mayor Carollo In case we would. decide to take some special action is vrt Ciy I said that. But, we. ' could make it a workshop. j Ms. Cuez'vo: iliat's flue. Mayor Carollo: We'll make several workshops that 'week if we need to. 'Then when we're ready we'll call the Special Commission Meeting to take full action. Ms. Cuervo: Right, we'll coordinate public: notice. 220 September 24, 1996 Y................ Y........................... Y............,. r..........l........................ ............ 47- MAYOR CAROLLO INDICATES TO ADMINISTRATION TO EMPHASIZE TO ORGANIZATIONS THAT FUNDING REQ'i.IES"I'S MUST GO TO T(-il ADMINISTRATION PRIOR TO APPEARING BEFORE THE WMMISSION. ....,......................................... 6 ..............,.............................................., ........ Mr. Quinn: Mr. Mayor I think that Christina was going to bring to your attention so ,k .,a can decide how you want to deal with it. Because it past meetings, you've been I guess tv put it lightly, perturbed when people show up asking for funding. You always say, well dor, au go t6 the manager you know first, of whatever else. So how do you want to handle those: Nils. Christina Cuervo (Assistant City Manager): i can tell that already for the ��. 4 c ]iA meeting there, I believe there's at least five. There is a handful of items requesting Ifunuinp. Mayor Carollo: From whom? Ms. Cuervo: From the City. And... Mayor Carollo: But are you saying departments in the City or from individuals,? Ms. Cuervo: No they're requesting discretionary funds. Either through waiver of fees or funding for their organirations and what we've told them is that vve do not have an ending mailable. Mayor Carollo: If that's the Mse. Ms. Cuervo: And then they have petitioned to come in front of the City Commtssi want to... Mayor Carollo: Well, then wlmt you do is, 'ney do have a right to come before the City Commission but, you after making it clear to them that there is no funding available, "Then you Zp I then t�Tore the City C ommissiorn and you put your recommen dation to us that there is no ading available. i Ms. Cuervo: OK, perfect. Mayor Carollo: ',€hu& you very much. 221 September 26, 1996 Mayor Cam lo: This meeting is over. r THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, 11E MEETING WAS ADJOURNED AT 9:47 P.M. JOE CtiAROLLO MAYOR ATi'Ir?ST: Walter J. Foeman CITY CLERK. Josephine M. Arpdin ASSISTANT CITY CLERK 2.22 Septembtr 26,1996